Category Archives: European Private Law
Isola and Esposito, ‘Better Call Your Lawyer: Dark Patterns are Best Understood as Unfair Commercial Practices’
ABSTRACT This article offers a clear definition of dark patterns and a comprehensive classification thereof using the framework provided by Directive 2005/29 on unfair commercial practices. The analysis builds on a systematic literature review that analyses how dark patterns are defined and the types of dark patterns discussed in 77 articles. Accordingly, we define a […]
Giovanni Maria Riccio, ‘Artificial Intelligence and Copyright: Rights and Remuneration’
ABSTRACT Throughout human history, whenever a new device has been invented, society has continued to move forward, never regressing to an earlier stage. Therefore, when we are analysing the problems posed by artificial intelligence (AI) systems and, specifically, those posed by generative AI (GenAI), we must assume that there will be no regression to the […]
Funding for two joint PhD projects in Comparative Trusts Law (Melbourne/Bonn)
We have secured scholarship funding for two joint PhD positions (Universities of Melbourne and Bonn) in comparative trusts law. One project would be based primarily in Melbourne, with a 12-month stay at Bonn; the other would be based primarily in Bonn with 12 months in Melbourne. We would jointly supervise both projects, and upon successful […]
Marc van Opijnen, ‘The GDPR and the Reuse of Published Court Decisions; Some Pressing Questions, Illustrated by Developments in The Netherlands’
ABSTRACT Because courts are supposed to settle legal disputes, court decisions contain numerous direct and indirect personal data of all people that are (intentionally, unintentionally or professionally) party to the case at hand. As long as these data are processed for the goal they were collected for the adjudication of conflicts such processing can considered […]
‘European “consumer” notion: Continued broad application in 2024’
Happy New Year to all our Readers! A couple of posts ago we have commented on the changes that the Compass Banca judgment may bring to the average consumer benchmark (see ‘Who is the average consumer? …’), although we will need to carefully follow the practical application of this judgment by national courts. Still, it […]
‘EU copyright law roundup – fourth trimester of 2024’
Now that 2024 is behind us, it’s time to report on the fourth trimester. Here is our final roundup of that AI-rich year. This post marks the fourth year of running this series on our blog. In it, we provide updates on key developments in EU copyright law from October to December 2024, covering everything […]
Richard Rak, ‘Anonymisation, Pseudonymisation and Secure Processing Environments Relating to the Secondary Use of Electronic Health Data in the European Health Data Space (EHDS)’
ABSTRACT By establishing a common data governance mechanism across the EU, the Regulation on the European Health Data Space (EHDS) aims to enhance the reuse of electronic health data for secondary use (eg public health, policy-making, scientific research) purposes and realise associated benefits. However, the EHDS requires health data holders to make available vast amount […]
Babatunde Sola-Elesin, ‘Examining the Viability of Using Data Protection Laws to Achieve Privacy on Blockchain’
ABSTRACT The relationship between technology and privacy is a complex one, and questions about why and how the law should protect information privacy are not unique to the internet context. The foregoing is true, and the same applies in the context of privacy on blockchain, the advent of blockchain has led to a furore with […]
Andrew Murray, ‘Almost Human: Law and Human Agency in the Time of Artificial Intelligence’
ABSTRACT Law is about agency-the human capacity to act independently and to make our own free choices. As Jeremy Webber observes, ‘Law is consciously created’ and is the distillation of the collective agency of a society, group, or culture. The rule of law is the ultimate distillation of this principle: the clear spirit of human […]
Alba Ribera Martínez, ‘Ultra Vires Compliance as a GDPR Harm’
ABSTRACT Data protection regulation does not apply in terms of a black-and-white response to a particular set of conducts exercised by data processors and controllers. As stemming from the General Data Protection Regulation’s blueprint, co-regulation characterises most of its main tenets, namely via certification and technical standards. Lack of compliance with the principles of data […]