Category Archives: European Private Law
Felix Pflücke, ‘Ensuring Compliance in the Digital Age: A Data-Driven Approach to EU Consumer Contract Law’
ABSTRACT The e-commerce landscape within the European Union (EU) has undergone significant transformation due to technological advancements and shifting consumer preferences. This Chapter examines the criteria for good evidence and data use within EU consumer law and policy, focusing on the evolving dynamics of e-commerce compliance. As digital transactions increase, ensuring consumer protection and trader […]
Liang Li, ‘Theories of harm for excessive personal data collection: what’s wrong and whose job?’
INTRODUCTION The importance of data for innovation and the growth of the digital economy is well recognized. This frequently entails excessive personal data collection, characterized by large volume, velocity, variety, and a high level of detail. Excessive personal data collection may give rise to a range of legal concerns, including—but not limited to—the exclusion of […]
Christophe Geiger, ‘The (Renewed) Relevance of Constitutionalizing Intellectual Property, Why Human Rights are More than Ever Crucial to Shape and Use IP Law’
ABSTRACT This paper is an updated version of the chapter entitled ‘Reconceptualizing the Constitutional Dimension of Intellectual Property – An Update’ which appeared in the previous edition of the volume edited by Paul LC Torremans entitled ‘Intellectual Property Law and Human Rights’. It draws on previous research published by the author on the ongoing ‘constitutionalization’ […]
‘Beyond Copyright: The Secondary Publication Right as a Shield for Fundamental Rights’
The digital era has profoundly reshaped scholarly communication, presenting both unprecedented opportunities and significant legal challenges. While technology allows for the widest public engagement, the dissemination of knowledge often remains limited or in the hands of a few private entities. In most cases, researchers who lack contractual retention of their rights will sign contracts that […]
‘Reconciling EU Copyright Protection With the Right to Research’
In today’s data-driven information society, the freedom to access and (re-)use diverse knowledge resources – from literary and artistic works to data collections – is indispensable for research. As digitisation pervades more and more societal subsystems, researchers can only analyse developments and provide new insights, if a sufficiently broad and representative spectrum of knowledge resources […]
Liubomir Nikiforov, ‘Group Data Protection under the GDPR and AI Act: Closing the Collective Redress Gap in AI Inference’
ABSTRACT Recent advances in Artificial Intelligence (AI) reveal a growing mismatch between the EU’s individual-centric data protection framework and automated systems’ capabilities to affect whole groups. AI routinely processes data about groups, while the GDPR still allocates rights and remedies to identifiable individuals. This design produces a structural collective redress gap where injunctions may be […]
Montagnani and Passador, ‘Fiduciary Duties and Business Judgment Rule 2.0 in the AI Act Age’
ABSTRACT As Artificial Intelligence (AI) systems become embedded in corporate governance, directors face growing pressure to oversee algorithmic decision-making within an uncertain legal framework. This article argues that the European Union’s Artificial Intelligence Act (AI Act) indirectly reconfigures directors’ obligations. Although not formally addressed to boards, the AI Act introduces substantive governance expectations-ranging from transparency […]
‘On the assignability of consumer claims under credit contracts: CJEU in Zwrotybankowe.pl (C‑80/24)’
As consumer law remains under-enforced, it becomes all too common for consumers to assign their claims to third-party claim management companies, which typically operate on a contingency basis and take a percentage of the amounts successfully recovered. In Case C‑80/24, the consumer assigned their claim against a bank to Zwrotybankowe.pl, one such claim management company, […]
‘(Informed) Consent to Dispute Resolution Agreements’: Special issue of the German Law Journal
Party Autonomy Then and Now (Symeon C Symeonides) Consent and Dispute Resolution Clauses (Nancy S Kim) Reflexive Contract Law: Party Autonomy and the Constitutional Right to a Remedy (Gralf-Peter Calliess) Policing Consumer Contract Terms under US and EU Law: A Comparative Analysis of the Directive 93/13/EEC on Unfair Terms in Consumer Contracts and the Restatement […]
Jan van Staalduinen, ‘Is There a Manufacturer in the House? On Contractually Shaping European Product Liability for Co-Created Medical AI’
ABSTRACT Hospital AI applications can be developed in several different ways: they can be developed by an external software development company (SDC), they can be developed internally in the hospital, or a hospital can work together with an SDC to jointly develop an AI application. The chosen arrangement has ramifications for the liability of the […]