Category Archives: Defamation and Privacy
Procaccia and Zamir, ‘The Missing Remedy: Restoration Damages for Dark Patterns and Other Precontractual Manipulations’
ABSTRACT Manipulation in contractual negotiations – whether through deception, undue pressure, marketing ploys, or digital ‘dark patterns’ – undermines bargaining integrity and distorts the terms of the resulting contract. Courts recognize these tactics as wrongful, yet existing remedies often fail to provide adequate redress. The prevailing approaches – compensating victims for out-of-pocket losses or the […]
Mark Lemley, ‘Protecting Consumers in a Post-Consent World’
ABSTRACT Privacy scholars are moving beyond the ‘notice and consent’ paradigm that has dominated privacy law for a generation. They are right to do so. The evidence shows that it does very little to protect privacy. The problem with the notice and consent paradigm isn’t limited to privacy law. It is a problem with contract […]
‘Data, Value, and Power in the Digital Age’
Amanda Parsons and Salomé Viljoen, ‘Valuing Social Data’, 125 Columbia Law Review 993 (2024). The immense wealth being accumulated by US technology companies and their owners has been apparent for some time, and events during and since the last presidential election have put this reality firmly in the spotlight. Wealth is power, and innovative data […]
Madec and Vasileiadou, ‘Understanding Legitimate Interest under the GDPR: A Study of the CJEU Case C-621/22 and the EDPB Guidelines’
ABSTRACT The Court of Justice of the European Union (CJEU) ruling in Case C-621/22 provides certainty regarding the possibility to qualifying commercial interests as legitimate interests under Article 6(1)(f) of the General Data Protection Regulation (GDPR). The CJEU enumerates the criteria that must be fulfilled and confirms that direct marketing falls under the notion of […]
Florian Martin-Bariteau, ‘Regulating Autonomous Systems in Canada’
ABSTRACT While promising considerable benefits, recent developments in artificial intelligence (AI) add to the challenges faced by modern societies, their citizens, and their legal frameworks. Often governed by obscure algorithms, AI raises multiple legal, political, and ethical issues, from the effectiveness of law in the face of autonomous systems, to the development of frameworks to […]
Ferreira and Gromova, ‘The Bossware Era and the e-Panopticon: Current Technologies and Legal Challenges’
ABSTRACT This article comprehensively examines technologies used to monitor employees, highlighting their potential impact and the need for clear boundaries in all work formats. Drawing on Michel Foucault’s concepts of power, technology, and labour relations, the authors introduce the e-panopticon to analyse prevalent bossware solutions, scrutinizing their terms of use and monitoring functionalities. The paper […]
Allen and Rothman, ‘Postmortem Privacy’
ABSTRACT Since their inception in the late nineteenth century, privacy rights have been widely understood to terminate with a person’s death. The ‘no-privacy-rights-for-the-dead’ doctrine has been repeated for nearly 130 years. As demonstrated in this Article, the reality on the ground deviated from this common pronouncement even early on. The divergence is so great today […]
van Bekkum, Borgesius and Heskes, ‘AI, insurance, discrimination and unfair differentiation: an overview and research agenda’
ABSTRACT Insurers underwrite risks: they calculate risks and decide on the insurance price. Insurers seem captivated by two trends enabled by Artificial Intelligence (AI). First, insurers could use AI for analysing more and new types of data to assess risks more precisely: data-intensive underwriting. Second, insurers could use AI to monitor the behaviour of individual […]
‘Remedies to Digital Vulnerability in European Private Law’: University of Trieste, 10-11 April 2025
The Trieste conference follows two previous conferences held within the same project in Ferrara (2023) and in Rome Tor Vergata (2024), which examined the legal status of digital vulnerability in European private law and its interaction with artificial intelligence, respectively. Building on the previous findings and starting from the assumption that many, if not all, […]
Ari Waldman, ‘Civil Society and the Crisis of Privacy Law’
ABSTRACT Based on interviews with key players, public reports, and previously undisclosed primary sources, this Article tells the inside story of the American Data Privacy and Protection Act (ADPPA) and the role of privacy nonprofit organizations in crafting it. It uses ADPPA’s drafting as a case study about larger questions of expertise, the lawmaking process, […]