Search results for "private"
showing 10 items of 769 documents
Law and morals in the application of the public policy exception under the twin regulations 1103 and 1104 of 2016
2021
This paper discusses the interactions between fundamental principles of domestic legal systems and non-legal standards in the application of the public policy Generalklausel within the context of the twin Regulations 1103 and 1104 of 2016. In particular, this paper argues that public policy is composed of legal principles only and that there is no space for extra legal standards when the circulation of foreign deeds, decisions and laws is in discussion. This consideration has two consequences. Firstly, the role of good morals within contemporary private international law is extremely reduc
Internet, Big data y nuevas tecnologías : repercusiones y respuestas del ordenamiento jurídico | Internet, Big data and new tecnologies: implications…
2019
Resumen: Cada uno de los movimientos que se suceden en la red genera información que se digitaliza en código binario y se almacena masivamente. La arbitrariedad con la que operan las grandes corporaciones del Big data así como la opacidad de los algoritmos empleados por la inteligencia artificial han dado origen a nuevas formas de vulneración de derechos, dónde la intimidad y el honor han resultado los primeros damnificados. Este escenario requiere un replanteamiento de conceptos jurídicos como estado o vida privada que han cobrado nuevos significados y demandan construcciones jurídicas capaces de reforzar el control sobre nuestros derechos más fundamentales.
 Abstract: Each of the mov…
Interpretation of manifest excess of powers with regard to jurisdictional and applicable law matters in the ICSID annulment proceedings within the me…
2019
There are a limited number of post-award remedies available, the annulment mechanism being the only plausible way to challenge the award. The annulment provision, Article 52, allows challenging the award with regard to the procedural matters only. The most frequently ground for annulment is “manifest excess of powers” as listed in the said provision. However it is not identified what errors of a Tribunal fall within this ground, as well as there is nothing about applicable law and jurisdictional matters in the provision. The thesis aims to analyze how the “manifest excess of powers” is interpreted and applied with regard to jurisdictional and applicable law matters. While some of the errors…
Effects on accounting legislation by an EU-wide implementation of the IFRS for SMEs – the case of Germany
2020
Harmonisation of companies’ financial reporting obligations is essential to economic decision-making in an international business environment. The degree of harmonisation for small and medium-sized entities (SMEs) is still relatively low but the acceptance for the IFRS for SMEs is increasing in recent years. Currently, the standard is being revised and its standard-setting body is awaiting comments from its stakeholders. While the European Union is reluctant to adopt the IFRS for SMEs, the success of its internal harmonisation attempts by the EU Accounting Directive is doubtful and often criticised by the Directive’s stakeholders and researchers. The excessive number of options led to 27 di…
Challenges of free data flow between the EU and US: can EU-US privacy shield ensure co-operation?
2020
The following thesis aims to provide an insight into the way US and EU data protection regulations compare to each other and how those can harmonized in the future with an idea to make it easier to understand how cross-country business might operate in this environment and whether there could be any harmonization opportunities to provide less burden on businesses in trying to comply with different laws across Atlantics. The research question of the thesis therefore is “Is current framework for data transfers between EU-US relevant and stable for future challenges in data protection field?” and “If not, then how two legal systems can be better harmonized based on the analysis of both of them…
Data as an asset in an insolvency procedure
2021
When a business becomes insolvent, assets that has selling value prevails within the insolvency process. Understanding if personal data can be classified as an asset and whether it can be sold when facing insolvency proceedings is determined in this Thesis. General Data Protection Regulation safeguards personal data of the EU data subjects including processing of such data. This regulation protects the EU data subjects also outside of the EU or EEA. Processing that includes sale of personal data is made possible if full compliance with the Regulation is applied. Legal basis for such processing that is required for the processing to be legal includes legal obligation arising from insolvency.…
An analysis of the liability rule in Latvia in case of a transfer of an undertaking in the context of freedom of contract principle
2018
The objective of this Thesis is to answer whether Article 20 of the Commercial Law of Latvia is compatible with freedom of contract principle. Chapter 1 analyzes the limitation put on freedom of contract principle in case of a transfer of an undertaking set in Article 20 and the purpose of such limitation. Chapter 2 analyzes the way freedom of contract principle manifests in contemporary legal framework, both in Latvian normative acts and European Contract Law. Thesis concludes that Article 20 is incompatible with freedom of contract principle. Considering that freedom of contract, while a component of fundamental, is not an absolute right, the existence of the limitation on freedom of cont…
Personal data protection in the EU – cooperation and competences of EU and national data protection institutions and bodies
2017
This article focuses on the institutional aspect of European Union (EU) personal data protection. The aim of the article is to identify current problems in division of competences and in cooperation between national and EU data protection institutions. The author analyses these aspects on two levels. On the vertical level, the author analyses the competences and cooperation between national and EU institutions and on the horizontal level – the division of competences and cooperation between different national data protection authorities. As of now, each Member State has different data protection rules and procedures. Moreover, as in the EU context data protection is a shared competence, MS …
Legal controversies and ethical considerations concerning the property rights in the human body
2021
When considering the rise of the biotech industry over the years, one might wonder if the procurement of the biological materials, that are necessary for the success of the industry, was done through ethical and safe measures, especially considering the stagnant position of many countries towards granting individuals ownership rights over their bodies. As such, this paper inspects and compares the current legal approaches that are used in certain common law and civil law jurisdictions to determine individuals’ rights over their bodies, and considers the bundle of rights concept and the law of equity as possible solutions to the ethical and equitable deficiencies observed in certain jurisdic…