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  Subjects -> BUSINESS AND ECONOMICS (Total: 3070 journals)
    - ACCOUNTING (88 journals)
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    - BUSINESS AND ECONOMICS (1145 journals)
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    - ECONOMIC SYSTEMS, THEORIES AND HISTORY (170 journals)
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    - INSURANCE (23 journals)
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    - PRODUCTION OF GOODS AND SERVICES (137 journals)
    - PUBLIC FINANCE, TAXATION (32 journals)
    - TRADE AND INDUSTRIAL DIRECTORIES (2 journals)

BUSINESS AND ECONOMICS (1145 journals)                  1 2 3 4 5 6 | Last

Showing 1 - 200 of 1566 Journals sorted alphabetically
4OR: A Quarterly Journal of Operations Research     Hybrid Journal   (Followers: 9)
Abacus     Hybrid Journal   (Followers: 11)
Accounting Forum     Hybrid Journal   (Followers: 22)
Acta Amazonica     Open Access   (Followers: 3)
Acta Commercii     Open Access   (Followers: 2)
Acta Oeconomica     Full-text available via subscription   (Followers: 2)
Acta Scientiarum. Human and Social Sciences     Open Access   (Followers: 4)
Acta Universitatis Danubius. Œconomica     Open Access  
Acta Universitatis Nicolai Copernici Zarządzanie     Open Access   (Followers: 3)
AD-minister     Open Access   (Followers: 2)
ADR Bulletin     Open Access   (Followers: 5)
Advances in Developing Human Resources     Hybrid Journal   (Followers: 21)
Advances in Economics and Business     Open Access   (Followers: 12)
AfricaGrowth Agenda     Full-text available via subscription   (Followers: 1)
African Affairs     Hybrid Journal   (Followers: 57)
African Development Review     Hybrid Journal   (Followers: 34)
African Journal of Business and Economic Research     Full-text available via subscription   (Followers: 1)
African Journal of Business Ethics     Open Access   (Followers: 7)
African Review of Economics and Finance     Open Access   (Followers: 3)
Afro-Asian Journal of Finance and Accounting     Hybrid Journal   (Followers: 6)
Afyon Kocatepe Üniversitesi İktisadi ve İdari Bilimler Fakültesi Dergisi     Open Access   (Followers: 3)
Agronomy     Open Access   (Followers: 11)
Akademika : Journal of Southeast Asia Social Sciences and Humanities     Open Access   (Followers: 4)
Alphanumeric Journal : The Journal of Operations Research, Statistics, Econometrics and Management Information Systems     Open Access   (Followers: 4)
American Economic Journal : Applied Economics     Full-text available via subscription   (Followers: 122)
American Economic Journal : Economic Policy     Full-text available via subscription   (Followers: 96)
American Journal of Business     Hybrid Journal   (Followers: 15)
American Journal of Business and Management     Open Access   (Followers: 51)
American Journal of Business Education     Open Access   (Followers: 10)
American Journal of Economics and Business Administration     Open Access   (Followers: 24)
American Journal of Economics and Sociology     Hybrid Journal   (Followers: 27)
American Journal of Evaluation     Hybrid Journal   (Followers: 12)
American Journal of Finance and Accounting     Hybrid Journal   (Followers: 17)
American Journal of Health Economics     Full-text available via subscription   (Followers: 13)
American Journal of Industrial and Business Management     Open Access   (Followers: 23)
American Journal of Medical Quality     Hybrid Journal   (Followers: 7)
American Law and Economics Review     Hybrid Journal   (Followers: 26)
ANALES de la Universidad Central del Ecuador     Open Access   (Followers: 1)
Annales de l'Institut Henri Poincare (C) Non Linear Analysis     Full-text available via subscription   (Followers: 1)
Annals in Social Responsibility     Full-text available via subscription  
Annals of Finance     Hybrid Journal   (Followers: 27)
Annals of Operations Research     Hybrid Journal   (Followers: 8)
Annual Review of Economics     Full-text available via subscription   (Followers: 29)
Applied Developmental Science     Hybrid Journal   (Followers: 3)
Applied Economics     Hybrid Journal   (Followers: 44)
Applied Economics Letters     Hybrid Journal   (Followers: 28)
Applied Economics Quarterly     Full-text available via subscription   (Followers: 10)
Applied Financial Economics     Hybrid Journal   (Followers: 22)
Applied Mathematical Finance     Hybrid Journal   (Followers: 6)
Applied Stochastic Models in Business and Industry     Hybrid Journal   (Followers: 5)
Arab Economic and Business Journal     Open Access   (Followers: 3)
Archives of Business Research     Open Access   (Followers: 4)
Arena Journal     Full-text available via subscription   (Followers: 1)
Argomenti. Rivista di economia, cultura e ricerca sociale     Open Access   (Followers: 2)
ASEAN Economic Bulletin     Full-text available via subscription   (Followers: 5)
Asia Pacific Business Review     Hybrid Journal   (Followers: 5)
Asia Pacific Journal of Human Resources     Hybrid Journal   (Followers: 320)
Asia Pacific Viewpoint     Hybrid Journal  
Asia-Pacific Journal of Business Administration     Hybrid Journal   (Followers: 3)
Asia-Pacific Journal of Operational Research     Hybrid Journal   (Followers: 3)
Asian Business Review     Open Access   (Followers: 2)
Asian Case Research Journal     Hybrid Journal   (Followers: 1)
Asian Development Review     Open Access   (Followers: 14)
Asian Economic Journal     Hybrid Journal   (Followers: 7)
Asian Economic Papers     Hybrid Journal   (Followers: 7)
Asian Economic Policy Review     Hybrid Journal   (Followers: 3)
Asian Journal of Accounting and Governance     Open Access   (Followers: 3)
Asian Journal of Business Ethics     Hybrid Journal   (Followers: 7)
Asian Journal of Social Sciences and Management Studies     Open Access   (Followers: 6)
Asian Journal of Technology Innovation     Hybrid Journal   (Followers: 8)
Asian-pacific Economic Literature     Hybrid Journal   (Followers: 5)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Atlantic Economic Journal     Hybrid Journal   (Followers: 14)
Australasian Journal of Regional Studies, The     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Economic Papers     Hybrid Journal   (Followers: 20)
Australian Economic Review     Hybrid Journal   (Followers: 6)
Australian Journal of Maritime and Ocean Affairs     Hybrid Journal   (Followers: 10)
Balkan Region Conference on Engineering and Business Education     Open Access   (Followers: 1)
Baltic Journal of Real Estate Economics and Construction Management     Open Access   (Followers: 1)
Banks in Insurance Report     Hybrid Journal   (Followers: 1)
BBR - Brazilian Business Review     Open Access   (Followers: 4)
Benchmarking : An International Journal     Hybrid Journal   (Followers: 11)
BER : Consumer Confidence Survey     Full-text available via subscription   (Followers: 4)
BER : Economic Prospects : An Executive Summary     Full-text available via subscription  
BER : Economic Prospects : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Intermediate Goods Industries Survey     Full-text available via subscription   (Followers: 1)
BER : Manufacturing Survey : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Motor Trade Survey     Full-text available via subscription   (Followers: 1)
BER : Retail Sector Survey     Full-text available via subscription   (Followers: 2)
BER : Retail Survey : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Survey of Business Conditions in Building and Construction : An Executive Summary     Full-text available via subscription   (Followers: 4)
BER : Survey of Business Conditions in Manufacturing : An Executive Summary     Full-text available via subscription   (Followers: 3)
BER : Survey of Business Conditions in Retail : An Executive Summary     Full-text available via subscription   (Followers: 3)
BER : Trends : Full Survey     Full-text available via subscription   (Followers: 2)
BER : Wholesale Sector Survey     Full-text available via subscription   (Followers: 1)
Berkeley Business Law Journal     Free   (Followers: 11)
Bio-based and Applied Economics     Open Access   (Followers: 1)
Biodegradation     Hybrid Journal   (Followers: 1)
Biology Direct     Open Access   (Followers: 7)
Black Enterprise     Full-text available via subscription  
Board & Administrator for Administrators only     Hybrid Journal  
Border Crossing : Transnational Working Papers     Open Access   (Followers: 2)
Briefings in Real Estate Finance     Hybrid Journal   (Followers: 5)
British Journal of Industrial Relations     Hybrid Journal   (Followers: 30)
Brookings Papers on Economic Activity     Open Access   (Followers: 47)
Brookings Trade Forum     Full-text available via subscription   (Followers: 3)
BRQ Business Research Quarterly     Open Access   (Followers: 2)
Building Sustainable Legacies : The New Frontier Of Societal Value Co-Creation     Full-text available via subscription   (Followers: 1)
Bulletin of Economic Research     Hybrid Journal   (Followers: 16)
Bulletin of Geography. Socio-economic Series     Open Access   (Followers: 7)
Bulletin of Indonesian Economic Studies     Hybrid Journal   (Followers: 3)
Bulletin of the Dnipropetrovsk University. Series : Management of Innovations     Open Access   (Followers: 1)
Business & Entrepreneurship Journal     Open Access   (Followers: 16)
Business & Information Systems Engineering     Hybrid Journal   (Followers: 5)
Business & Society     Hybrid Journal   (Followers: 9)
Business : Theory and Practice / Verslas : Teorija ir Praktika     Open Access   (Followers: 1)
Business and Economic Research     Open Access   (Followers: 6)
Business and Management Horizons     Open Access   (Followers: 11)
Business and Management Research     Open Access   (Followers: 17)
Business and Management Studies     Open Access   (Followers: 9)
Business and Politics     Hybrid Journal   (Followers: 6)
Business and Professional Communication Quarterly     Hybrid Journal   (Followers: 7)
Business and Society Review     Hybrid Journal   (Followers: 5)
Business Economics     Hybrid Journal   (Followers: 6)
Business Ethics: A European Review     Hybrid Journal   (Followers: 16)
Business Horizons     Hybrid Journal   (Followers: 8)
Business Information Review     Hybrid Journal   (Followers: 13)
Business Management and Strategy     Open Access   (Followers: 40)
Business Research     Hybrid Journal   (Followers: 2)
Business Strategy and the Environment     Hybrid Journal   (Followers: 12)
Business Strategy Review     Hybrid Journal   (Followers: 7)
Business Strategy Series     Hybrid Journal   (Followers: 6)
Business Systems & Economics     Open Access   (Followers: 2)
Business Systems Research Journal     Open Access   (Followers: 5)
Business, Management and Education     Open Access   (Followers: 17)
Business, Peace and Sustainable Development     Full-text available via subscription   (Followers: 3)
Bustan     Hybrid Journal   (Followers: 1)
Cadernos EBAPE.BR     Open Access   (Followers: 1)
Cambridge Journal of Economics     Hybrid Journal   (Followers: 55)
Cambridge Journal of Regions, Economy and Society     Hybrid Journal   (Followers: 9)
Canadian Journal of Administrative Sciences / Revue Canadienne des Sciences de l Administration     Hybrid Journal   (Followers: 1)
Canadian Journal of Economics/Revue Canadienne d`Economique     Hybrid Journal   (Followers: 25)
Canadian journal of nonprofit and social economy research     Open Access   (Followers: 2)
Capitalism and Society     Hybrid Journal   (Followers: 2)
Capitalism Nature Socialism     Hybrid Journal   (Followers: 11)
Case Studies in Business and Management     Open Access   (Followers: 8)
CBU International Conference Proceedings     Open Access   (Followers: 1)
Central European Journal of Operations Research     Hybrid Journal   (Followers: 5)
Central European Journal of Public Policy     Open Access   (Followers: 1)
CESifo Economic Studies     Hybrid Journal   (Followers: 15)
Chain Reaction     Full-text available via subscription  
Challenge     Full-text available via subscription   (Followers: 4)
China & World Economy     Hybrid Journal   (Followers: 15)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China Economic Journal: The Official Journal of the China Center for Economic Research (CCER) at Peking University     Hybrid Journal   (Followers: 10)
China Economic Review     Hybrid Journal   (Followers: 10)
China Finance Review International     Hybrid Journal   (Followers: 5)
China Nonprofit Review     Hybrid Journal   (Followers: 3)
China perspectives     Open Access   (Followers: 11)
Chinese Economy     Full-text available via subscription  
Ciência & Saúde Coletiva     Open Access   (Followers: 2)
CLIO América     Open Access   (Followers: 1)
Cliometrica     Hybrid Journal   (Followers: 1)
COEPTUM     Open Access  
Community Development Journal     Hybrid Journal   (Followers: 23)
Compensation & Benefits Review     Hybrid Journal   (Followers: 6)
Competition & Change     Hybrid Journal   (Followers: 10)
Competitive Intelligence Review     Hybrid Journal   (Followers: 2)
Competitiveness Review : An International Business Journal incorporating Journal of Global Competitiveness     Hybrid Journal   (Followers: 5)
Computational Economics     Hybrid Journal   (Followers: 9)
Computational Mathematics and Modeling     Hybrid Journal   (Followers: 8)
Computer Law & Security Report     Hybrid Journal   (Followers: 15)
Computers & Operations Research     Hybrid Journal   (Followers: 10)
Construction Innovation: Information, Process, Management     Hybrid Journal   (Followers: 14)
Contemporary Wales     Full-text available via subscription   (Followers: 3)
Contextus - Revista Contemporânea de Economia e Gestão     Open Access   (Followers: 1)
Contributions to Political Economy     Hybrid Journal   (Followers: 6)
Corporate Communications An International Journal     Hybrid Journal   (Followers: 4)
Corporate Philanthropy Report     Hybrid Journal   (Followers: 2)
Corporate Reputation Review     Hybrid Journal   (Followers: 4)
Creative and Knowledge Society     Open Access   (Followers: 10)
Creative Industries Journal     Hybrid Journal   (Followers: 8)
CRIS - Bulletin of the Centre for Research and Interdisciplinary Study     Open Access   (Followers: 1)
Crossing the Border : International Journal of Interdisciplinary Studies     Open Access   (Followers: 4)
Cuadernos de Administración (Universidad del Valle)     Open Access   (Followers: 1)
Cuadernos de Economía     Open Access   (Followers: 1)
Cuadernos de Economia - Latin American Journal of Economics     Open Access   (Followers: 1)
Cuadernos de Estudios Empresariales     Open Access   (Followers: 1)
Current Opinion in Creativity, Innovation and Entrepreneurship     Open Access   (Followers: 8)
De Economist     Hybrid Journal   (Followers: 12)
Decision Analysis     Full-text available via subscription   (Followers: 8)
Decision Sciences     Hybrid Journal   (Followers: 15)
Decision Support Systems     Hybrid Journal   (Followers: 15)
Defence and Peace Economics     Hybrid Journal   (Followers: 16)
der markt     Hybrid Journal   (Followers: 1)
Desenvolvimento em Questão     Open Access  
Development     Full-text available via subscription   (Followers: 23)
Development and Change     Hybrid Journal   (Followers: 47)
Development and Learning in Organizations     Hybrid Journal   (Followers: 7)

        1 2 3 4 5 6 | Last

Journal Cover Computer Law & Security Report
  [SJR: 0.382]   [H-I: 17]   [15 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 0267-3649
   Published by Elsevier Homepage  [3051 journals]
  • The rich UK contribution to the field of EU data protection: Let's not go
           for “third country” status after Brexit
    • Abstract: Publication date: Available online 13 April 2017
      Source:Computer Law & Security Review
      Author(s): Paul de Hert, Vagelis Papakonstantinou
      The die is cast. At the time of drafting this paper the so-called Brexit, the exit of the UK from the EU, seems like a certainty after the poll results of 23 June 2016. Within such historic, indeed seismic, developments data protection seems but a minor issue, a footnote to a world-changing chapter waiting to be written. Yet, from our modest vantage point, undertaken after this Journal's kind invitation, we submit that data protection, although one out of the myriad legal aspects pertaining to Brexit that urgently await consideration, may prove to be a crucial issue in this process. Notwithstanding what happens in the immediate future, when attention will presumably be focused on coordinating the dates when Brexit may potentially occur and the GDPR comes into effect, long-term thinking is critical. We believe that, because developments in this field of law will be among those felt directly by individuals on both sides of the Channel, data protection has the potential to be among the issues that “make” or “break” a possibly successful Brexit – if success is perceived as minimal disturbance to an already functioning system. UK and EU data protection are intrinsically connected by now, by osmosis, after decades of mutual exchanges and intensive collaboration. If indeed, contrary to our wishes, a data protection Brexit does take place, the preferred way forward for the authors would be for the UK to unreservedly and permanently adhere to the EU data protection model. If this will not be the case, then we feel that a high-level principle-driven solution would serve data protection purposes better than a detailed and technical solution; the latter, if ever achievable, would essentially attempt the impossible: to surgically severe what is today an integral part of a living and functioning system.

      PubDate: 2017-04-18T20:49:44Z
       
  • Electronic protests: Hacktivism as a form of protest in Uganda
    • Abstract: Publication date: Available online 11 April 2017
      Source:Computer Law & Security Review
      Author(s): Rukundo Solomon
      In a number of reported incidents government ministry and agency websites in Uganda have been defaced as a form of protest in a phenomenon known as ‘hacktivism’. The all-pervading digital age has affected virtually every facet of our lives and ‘hacktivists’ argue that this applies to the effective modes of protest available. Hacking and in effect hacktivism has been criminalised under the Computer Misuse Act 2011. This paper examines the viability of hacktivism as a legitimate form of protest in Uganda's legal regime, particularly under article 29 of the Constitution of the Republic of Uganda 1995, which guarantees freedom of expression.

      PubDate: 2017-04-18T20:49:44Z
       
  • Treatment of biometrically processed personal data: Problem of uniform
           practice under EU personal data protection law
    • Abstract: Publication date: Available online 11 April 2017
      Source:Computer Law & Security Review
      Author(s): Darius Štitilis, Marius Laurinaitis
      The application of biometric technologies has become almost commonplace. They can help to raise the security level and make identification and authentication procedures easy, fast and convenient. Biometric technologies are widely used to process personal data. They are particularly favoured in business. The present research primarily conducted in the corporate sphere has revealed that treatment of biometric data by individual nation states essentially differs. Some nation states have chosen to prohibit any use of biometric technologies in processing personal data. However, such use is acceptable in certain cases where the processing entails no sensitive data or threat to personal privacy. Thus, the question of data attribution to sensitive data becomes relevant. The valid EU law on personal data protection expresis verbis does not regulate processing biometric data in detail leaving member states freedom of choice. Meanwhile, the General Data Protection Regulation leaves no alternatives, ascribing biometric data to sensitive data, subject to a prohibition for processing that may be deemed an extreme position and justification of which is uncertain. Therefore, the authors of the publication present their insights and evaluations by classifying personal data processing by means of biometric technologies into two groups. Such classification directly affects evaluation of personal data processing from the legal point of view. The key conclusion made by the authors is that in certain cases where the risk to privacy is minor, the use of biometric technologies to process personal data should not be prohibited. The practice of non-prohibition would encourage the use of biometric technologies equally applicable in all EU member states. The present context has prompted the authors to discuss possible consequences and effects of the adopted regulation and suggest carrying out reliable research in the field and urging an immediate discussion of stakeholders.

      PubDate: 2017-04-18T20:49:44Z
       
  • A legal framework for an elderly healthcare platform: A privacy and data
           protection overview
    • Abstract: Publication date: Available online 10 April 2017
      Source:Computer Law & Security Review
      Author(s): Angelo Costa, Aliaksandra Yelshyna, Teresa C. Moreira, Francisco C.P. Andrade, Vicente Julián, Paulo Novais
      Cognitive problems are increasingly affecting the population, with the elderly being the ones most affected. This problem requires a new approach in terms of medical and social actions, personalisation, and services. The Ambient Assisted Living area provides solutions to allow elderly people to stay in their homes safely and with the appropriate care. The number of Ambient Assisted Living projects is increasing rapidly, leading to large commercial deployment, and most of these projects disregard the privacy and data protection of the users and the information that they process and save. The iGenda project is a Cognitive Assistant inserted in the Ambient Assisted Living area that provides help to users in their daily lives. However, since it requires the transfer of a large amount of private and personal data between the modules of the platform, fundamental rights may be at stake. This paper presents the iGenda platform, the principle rights of data protection and transmission, legal guarantees and latent ethical concerns. Furthermore, the dichotomy between current developments and legal and ethical aspects are explained. To overcome this problem, legal considerations and ethical considerations are presented, embracing appropriate solutions to features that present any threat.

      PubDate: 2017-04-11T20:47:02Z
       
  • Using biometric-based identification systems in Brazil: A review on low
           cost fingerprint techniques on-the-go
    • Abstract: Publication date: Available online 10 April 2017
      Source:Computer Law & Security Review
      Author(s): Márjory Da Costa-Abreu, Stephen Smith
      Automatic authentication has become an essential service in several public areas. However, although the technology related with this kind of service has evolved, the price tag of its use is not affordable for most countries. In the so-called “under developed” counties, such as Brazil, South Africa and India, for example, registration systems are often paper-based and/or cover only a fraction of the population. Thus, the reality is that there is an increasing gap into the usage of such technologies amongst different countries and it can be a factor that makes development more difficult and, therefore, less inclusive. One of the main technologies used for automatic identity prediction is based on biometrics analysis, which can distinguish physical or behavioural features to help overcome the traditional paper-based identity systems. Despite the limitations already mentioned, Brazil is known to have introduced several different uses of biometric-based technologies for authentication. However, the use of these technologies is not always ideal and, since the population size is a key factor, it is essential to select the most affordable option which is not necessarily the most adequate for the country's needs. This paper will focus on establishing what biometric-based solutions exist in Brazil today, highlighting the main challenges, as well as briefly proposing a new prototype for mobile fingerprint acquisition.

      PubDate: 2017-04-11T20:47:02Z
       
  • Autonomous weapon systems: Is a space warfare manual required?
    • Abstract: Publication date: Available online 7 April 2017
      Source:Computer Law & Security Review
      Author(s): Patrick van Esch, Gavin Northey, Magdalene Striluk, Helen Wilson
      The legalities for the use of Autonomous Weapon Systems (AWS) in space warfare are examined. Currently, there are manuals for air and missile warfare, naval warfare and cyber warfare, a clear gap in the literature is that there is no manual for space warfare. We find that the current jurisprudence of space is somewhat considered analogous to the high seas and in the absence of a Space Warfare Manual, legal jurisdiction may consider that certain treaties are only in effect when in the territory of that State. In turn, the effectiveness of those treaties may mitigate against any obligations related to the military operations of that same State using AWS in space. Whilst it is yet to be tested in the courts, there are significant gaps identified in Lex lata and supporting Declarations, Principles and Treaties in terms of space warfare. Such gaps could act as the foundations for both law reform and the requirement for the creation of a Space Warfare Manual.

      PubDate: 2017-04-11T20:47:02Z
       
  • The problem of binary distinction in cloud computing and the necessity for
           a different approach: Positions of the European Union and Canada
    • Abstract: Publication date: Available online 7 April 2017
      Source:Computer Law & Security Review
      Author(s): Pardis Moslemzadeh Tehrani, Johan Shamsuddin Bin Hj Sabaruddin, Dhiviya A.P. Ramanathan
      The development of Cloud Computing is an undisputable fact that is present in this modern era. It is a widely used system, which consists of users from ordinary individuals to multinational companies. However, despite its benefits, there is a problem of accountability in Cloud Computing. Accountability is vital for the allocation of responsibility to ensure the non-existence of threats concerning privacy and security of personal data stored in a Cloud. Both these issues are interconnected because one will not be able to exercise the principle of accountability by omitting the allocation of responsibility. Due to the complexity of the Cloud Computing infrastructure, the line in the distinguishing the role of controller and processor is blurred. This article serves to provide a better understanding of the role of Cloud Computing as well as to configure the need for either a modified or a completely different approach. Furthermore, this article will discuss the different approaches whilst providing a detailed analysis of the roles of the controller and processor. Clear and unambiguous roles and responsibilities will help to reinforce the principle of accountability. This article will compare the positions of Canada and the European Union, because the Canadian approach provides a different outlook since they do not follow the same binary distinction concept in allocating responsibility for controller and processor. This discussion hopes to bring awareness for the discrepancies in the current system and attempts to recommend a possible outcome to curb the problems relevant to this issue.

      PubDate: 2017-04-11T20:47:02Z
       
  • The Police and Criminal Justice Authorities Directive: Data protection
           standards and impact on the legal framework
    • Abstract: Publication date: Available online 7 April 2017
      Source:Computer Law & Security Review
      Author(s): Thomas Marquenie
      This article presents a two-sided analysis of the recently adopted Police and Criminal Justice Authorities Directive. First, it examines the impact of the Directive on the current legal framework and considers to what extent it is capable of overcoming existing obstacles to a consistent and comprehensive data protection scheme in the area of police and criminal justice. Second, it delivers a brief outline and review of the provisions of the Directive itself and explores whether the instrument improves upon the current legislation and sets out adequate data protection rules and standards. Analyzing the Directive from these angles, this article finds that while a considerable improvement and major step forward for the protection of personal data in its field, the Directive is unlikely to mend the fragmented legal framework and achieve the intended high level of data protection standards consistent across European Union member states.

      PubDate: 2017-04-11T20:47:02Z
       
  • The BIG DATA Challenge: Impact and opportunity of large quantities of
           information under the Europol Regulation
    • Abstract: Publication date: Available online 7 April 2017
      Source:Computer Law & Security Review
      Author(s): Daniel Drewer, Vesela Miladinova
      In the digital age, the interaction between privacy, data protection and advanced technological developments such as big data analytics has become pertinent to Europol's effectiveness in providing accurate crime analyses. For the purposes of preventing and combating crime falling within the scope of its objectives, it is imperative for Europol to employ the fullest and most up-to-date information and technical capabilities possible whilst respecting fundamental human rights. The present article addresses precisely the “paradox” of on one side protecting fundamental human rights against external terrorist and/or cybercrime intrusions, and on the other providing a privacy-conscious approach to data collection and analytics, so that Europol can even more effectively support and strengthen action in protecting society against internal threats in a proportionate, responsible and legitimate manner. The advantage proposed in this very context of large quantities of data informing strategic analysis at Europol is a purpose-oriented data protection impact assessment. Namely, the evolution from traditional instruments in the fight against organised crime and terrorism to more technologically advanced ones equally requires an alteration of the conventional notions of privacy and investigative and information-sharing methods.

      PubDate: 2017-04-11T20:47:02Z
       
  • Big Data and security policies: Towards a framework for regulating the
           phases of analytics and use of Big Data
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      Author(s): Dennis Broeders, Erik Schrijvers, Bart van der Sloot, Rosamunde van Brakel, Josta de Hoog, Ernst Hirsch Ballin
      Big Data analytics in national security, law enforcement and the fight against fraud have the potential to reap great benefits for states, citizens and society but require extra safeguards to protect citizens' fundamental rights. This involves a crucial shift in emphasis from regulating Big Data collection to regulating the phases of analysis and use. In order to benefit from the use of Big Data analytics in the field of security, a framework has to be developed that adds new layers of protection for fundamental rights and safeguards against erroneous and malicious use. Additional regulation is needed at the levels of analysis and use, and the oversight regime is in need of strengthening. At the level of analysis – the algorithmic heart of Big Data processes – a duty of care should be introduced that is part of an internal audit and external review procedure. Big Data projects should also be subject to a sunset clause. At the level of use, profiles and (semi-) automated decision-making should be regulated more tightly. Moreover, the responsibility of the data processing party for accuracy of analysis – and decisions taken on its basis – should be anchored in legislation. The general and security-specific oversight functions should be strengthened in terms of technological expertise, access and resources. The possibilities for judicial review should be expanded to stimulate the development of case law.

      PubDate: 2017-04-11T20:47:02Z
       
  • Virtual currencies under EU anti-money laundering law
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      Author(s): Niels Vandezande
      The goal of this paper is to analyze the extent to which virtual currencies are regulated under EU financial and economic law, with particular attention to cryptocurrencies. The focus of this paper is put on recent developments regarding anti-money laundering legislation. In the last decade, the EU has adopted several legal frameworks governing different aspects of the payments landscape, most notably regarding payment services and electronic money. However, it remains unclear how virtual currencies – and more in particular cryptocurrencies – fit under those legal frameworks. This paper will first briefly analyze whether core legislation in the fields of payment services and e-money can apply to virtual currencies. Next, and more importantly, the focus will be put on recent developments at the EU level, which aim to bring certain virtual currency service providers under the scope of anti-money laundering rules. While at the moment only such inclusion under anti-money laundering rules appears to be viable, it remains to be seen what the consequences of this evolution are for developments in virtual currencies. This paper provides an analysis of a regulatory issue currently debated by legislators worldwide. In doing so, it aims to provide insights valuable to service providers active in this nascent market.

      PubDate: 2017-04-11T20:47:02Z
       
  • The EU commission's risky choice for a non-risk based strategy on
           assessment of medical devices
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      Author(s): Paul Quinn
      Regulation of medical devices has been one of the most notable regulatory initiatives of the European Union. The need to ensure that medical devices are of a high quality is self-evident in nature. This is demonstrated by the lack of willingness of both healthcare institutions and professionals to use medical devices that have not properly been certified. In determining which devices are medical devices and should therefore meet the requirements of the regulatory framework, both the current and the proposed frameworks foresee a central place for the concept of ‘intended purpose’. This means that only those manufacturers that have explicitly stated that their device is to be used for a medical purpose should have to comply with the medical device framework. Unfortunately, however, this concept has become increasingly problematic given the rise in mHealth (mobile health) practices and ‘appification’ (shift to mobile devices) in particular, arguably posing potentially serious risks to human health in certain cases. This article discusses the problems that are created by the ever-increasing amount of ‘well-being’ apps and the fact that most will not be classed as medical devices. Despite apparently being aware of these problems, the EU Commission has opted to maintain its current approach in the newly proposed regulation, choosing not to employ other approaches as the FDA has for example done in opting to use a ‘risk based case-by-case approach’.

      PubDate: 2017-04-11T20:47:02Z
       
  • Impact of innovation on competition law: From the perspective of
           ad-blocking applications
    • Abstract: Publication date: Available online 5 April 2017
      Source:Computer Law & Security Review
      Author(s): Liyang Hou
      Innovation was traditionally protected for its outcome in particular under intellectual property laws. However, this approach has gradually reached its limit when more innovation needs to be stimulated. Antitrust law has thus developed a ‘process-oriented’ protection, despite the fact that such a new approach slightly intrudes on the exclusivity of property rights. However, less has been discussed so far on how anti-unfair competition law has been affected by innovation. Anti-unfair competition law targets conduct that dishonestly takes advantage of other competitors, thus traditionally having its core analytical framework built upon tort law. While the ‘outcome-oriented’ approach is still satisfactory from many perspectives, its drawbacks have been extensively revealed with the recent challenge of ad-blocking applications. At first sight, the traditional approach may be justified. However, closer examination unfolds the risk of stifling innovation. Therefore, this article advances a new economic interpretation on the business model of online media operation, the target of ad-blocking applications, namely the ‘combined sale’ model vis-à-vis the traditional ‘single product’ model. It is finally concluded that the process-oriented approach should prevail over the traditional outcome oriented approach where the combined sale model is involved.

      PubDate: 2017-04-11T20:47:02Z
       
  • Cyberspace: A new branch of international customary law?
    • Abstract: Publication date: Available online 3 April 2017
      Source:Computer Law & Security Review
      Author(s): Paul Przemysław Polański
      International relations between countries increasingly take place in cyberspace. From concerns about cyber security and Internet surveillance to privacy to harmful speech – state and non-state actors developed practices and normative conceptions that could be regarded as international customary law in statu nascendi. The aim of this contribution is to present arguments supporting the thesis that research concerning international law should be broadened to include cyberspace. Due to lack of treaty law in this area, one shall resort to a second source of international law, namely custom especially, as one eminent researcher has noted: ‘there are still numerous branches of international law regulated by customary law, and still more important, new rules of that law are raising’. The article presents the theory of custom as a source of international law and methods of evidencing it in the context of cyberspace and then outlines areas where such norms could have developed and therefore could be used to settle disputes between states.

      PubDate: 2017-04-04T20:44:23Z
       
  • Professional Board
    • Abstract: Publication date: April 2017
      Source:Computer Law & Security Review, Volume 33, Issue 2


      PubDate: 2017-04-04T20:44:23Z
       
  • New members of the professional board
    • Abstract: Publication date: April 2017
      Source:Computer Law & Security Review, Volume 33, Issue 2


      PubDate: 2017-04-04T20:44:23Z
       
  • Editor's foreword
    • Abstract: Publication date: Available online 24 March 2017
      Source:Computer Law & Security Review
      Author(s): Steve Saxby


      PubDate: 2017-03-28T20:33:02Z
       
  • European national news
    • Abstract: Publication date: Available online 22 March 2017
      Source:Computer Law & Security Review
      Author(s): Nick Pantlin
      This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments in these European countries. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.

      PubDate: 2017-03-28T20:33:02Z
       
  • Asia-Pacific news
    • Abstract: Publication date: Available online 9 March 2017
      Source:Computer Law & Security Review
      Author(s): Gabriela Kennedy
      This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

      PubDate: 2017-03-10T03:34:28Z
       
  • EU update
    • Abstract: Publication date: Available online 6 March 2017
      Source:Computer Law & Security Review
      Author(s): Kit Burden
      This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.

      PubDate: 2017-03-10T03:34:28Z
       
  • Professional Board
    • Abstract: Publication date: February 2017
      Source:Computer Law & Security Review, Volume 33, Issue 1


      PubDate: 2017-03-10T03:34:28Z
       
  • An academic perspective on the copyright reform
    • Abstract: Publication date: Available online 1 February 2017
      Source:Computer Law & Security Review
      Author(s): Sophie Stalla-Bourdillon, Eleonora Rosati, Karmen Turk, Christina Angelopoulos, Aleksandra Kuczerawy, Miquel Peguera, Martin Husovec
      The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls. We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union. In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself. Our conclusions are: 1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts. 2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect. We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council.

      PubDate: 2017-02-04T21:20:41Z
       
  • Editor's foreword
    • Abstract: Publication date: Available online 26 January 2017
      Source:Computer Law & Security Review
      Author(s): Steve Saxby


      PubDate: 2017-01-28T20:53:03Z
       
  • Asia-Pacific news
    • Abstract: Publication date: Available online 19 January 2017
      Source:Computer Law & Security Review
      Author(s): Gabriela Kennedy
      This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

      PubDate: 2017-01-21T14:38:42Z
       
  • Nobody puts data in a corner? Why a new approach to categorising personal
           data is required for the obligation to inform
    • Abstract: Publication date: Available online 17 January 2017
      Source:Computer Law & Security Review
      Author(s): Emma Cradock, Sophie Stalla-Bourdillon, David Millard
      Transparency is a key principle of EU data protection law and the obligation to inform is key to ensuring transparency. The purpose of this obligation is to provide data subjects with information that allows them to assess the compliance and trustworthiness of the data controller. Despite the benefits of categorising personal data for this purpose, a coherent and consistent approach to doing so under the obligation to inform has not emerged. It is unclear what a ‘category’ of personal data is and when this information must be provided. This results in reduced transparency for data subjects and uncertainty for data controllers regarding their legal obligations, defeating the purpose of this obligation. This article highlights these issues and calls for clarification on them. It also posits that in clarifying the law, a new approach to categorising personal data is required to achieve the benefits of categorisation and increase the transparency of personal data processing for data subjects.

      PubDate: 2017-01-21T14:38:42Z
       
  • iCLIC Data Mining and Data Sharing workshop: The present and future of
           data mining and data sharing in the EU
    • Abstract: Publication date: Available online 11 January 2017
      Source:Computer Law & Security Review
      Author(s): Robert Thorburn, Sophie Stalla-Bourdillon, Eleonora Rosati
      Held at Southampton University's Highfield campus and hosted by iCLIC, an interdisciplinary core on Law, the Internet and Culture, the Data Mining and Data Sharing workshop brought together attendees and speakers from industry, government, academia and a range of disciplines alike. The workshop comprised two sessions, each with a keynote and an associated panel. The first session was chaired by Eleonora Rosati and dealt with copyright and database rights, data mining and data sharing. The second session, chaired by Sophie Stalla-Bourdillon, focussed on data protection, data mining and data sharing. The following report covers both sessions, associated panel discussions and the subsequent question and answer sessions.

      PubDate: 2017-01-14T10:51:50Z
       
  • European national news
    • Abstract: Publication date: Available online 9 January 2017
      Source:Computer Law & Security Review
      Author(s): Nick Pantlin
      This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments in key European countries. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.

      PubDate: 2017-01-14T10:51:50Z
       
  • IT Law in the United Kingdom after Brexit
    • Abstract: Publication date: Available online 3 January 2017
      Source:Computer Law & Security Review
      Author(s): Ian Lloyd
      It is difficult to find a more appropriate introduction than the words of this song in the attempt to assess what IT Law could look like in the UK at the time (whenever that may be 1 1 The recent and highly controversial case of R v. Secretary of State [2016] EWHC 2768 (Admin) illustrates well some of the complex issues that may arise in the field. Although primarily concerned with the question whether the move (under the often quoted Article 50) to leave the EU requires Parliamentary approval, the case c ) when its exit from the EU might be concluded. Speculation is normally more in the realm of futurists than in that of a lawyer whose profession traditionally values qualities such as stability and predictability. These are not normal times and it may be helpful to consider some of the issues and topics that will require to be addressed in the near future. It is not the purpose of the article to repeat the arguments for and against UK membership of the EU. It seeks, rather, to highlight some of the issues that will inevitably arise following what has been described as the largest demerger in history – with what has been described as the world's 5th largest economy 2 2 It has been suggested that the UK's economy has slipped to 6th place following the referendum. seeking to disengage itself from the world's largest trading block. It is difficult to imagine that there has ever been such a legislative challenge. The information sector is an increasingly important part of the national economy and consideration of some of the issues affecting it makes for an interesting case study. This article will focus on four legal topics; data protection, e-commerce, intellectual property and telecommunications. This is by no means an exhaustive list of the issues, even in the IT sector, that need to be addressed, but may serve to highlight some of the key points that will be required for consideration by legislators and to indicate also the scale of the task facing them. In some cases, the quest to seek answers will lie within the control of the UK legislature and government but other issues may be more difficult to resolve independently.

      PubDate: 2017-01-06T10:25:58Z
       
  • Fragments of fragments. The domain name system regulation: global law or
           informalization of the international legal order?
    • Abstract: Publication date: Available online 23 December 2016
      Source:Computer Law & Security Review
      Author(s): Gianpaolo Maria Ruotolo
      The paper studies some international law aspects underpinning the project of the new Domain Name System (DNS) governance, in order to try and bridge the worlds of IT law and international law. It also deals with the issue of the fragmentation of both international and domestic legal orders with an international lawyer's perspective, and faces the approach adopted on the same issue by the global/transnational law doctrine. It uses the DNS governance in the perspective of the international legal order as a case study, framing it in the context of various informal cross-border cooperation between public authorities. It also examines the ICANN, trying to understand if it could be read as an international organization, and the gradual overcoming of the ‘political question doctrine’ in the US.

      PubDate: 2016-12-28T14:39:02Z
       
  • “In the public interest”: The privacy implications of international
           business-to-business sharing of cyber-threat intelligence
    • Abstract: Publication date: Available online 22 December 2016
      Source:Computer Law & Security Review
      Author(s): Clare Sullivan, Eric Burger
      This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence. The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date. This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally. In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.

      PubDate: 2016-12-28T14:39:02Z
       
  • Autonomous weapon system: Law of armed conflict (LOAC) and other legal
           challenges
    • Abstract: Publication date: Available online 22 December 2016
      Source:Computer Law & Security Review
      Author(s): Vivek Sehrawat
      The legality of autonomous weapon systems (AWS) under international law is a swiftly growing issue of importance as technology advances and machines acquire the capacity to operate without human control. This paper argues that the existing laws are ineffective and that a different set of laws are needed. This paper examines several issues that are critical for the development and use of AWS in warfare. It argues that a preemptive ban on AWS is irrelevant at this point and urges the appropriate authorities to develop a modern legal framework that is tailored to embrace these state-of-the-art weapons as the Law of Armed Conflict (LOAC) develops. First, this paper explores the myriad of laws designed to govern the potential future development and deployment of artificial intelligence and AWS in the context of International Humanitarian Law or LAOC. Second, the paper argues that it will be challenging for AWS to fulfill the requirements laid out under the International Committee of the Red Cross and LOAC for the rules of humanity, military necessity, distinction, proportionality and precaution, especially as it is related to noncombatants. Third, the paper discusses command responsibility and argues that states should establish accountability for wrongful acts committed by the AWS. Finally, this paper contends that there is an urgent need for a new legal framework to regulate these AWS and presents different solutions for the legal framework of AWS.

      PubDate: 2016-12-28T14:39:02Z
       
  • Facebook e-court: Online justice for online disputes
    • Abstract: Publication date: Available online 20 December 2016
      Source:Computer Law & Security Review
      Author(s): Ibrahim Al Swelmiyeen, Ahmed Al-Nuemat
      Owing to their significant popularity, Facebook and other social network sites have gained considerable importance. The popularity of Facebook can be signified through more than 1.2 billion users, i.e. one in every five persons in the world is a Facebook user. It is being used for a variety of activities including sharing of opinions, announcing something or sending invites to parties and events, meeting new people, etc. This paper examines the legal aspects of resolving disputes, which occur in the world of social networking. The social matters are pertinent to the legal aspects. Thus, this article will focus on social science in most areas to present a more thorough approach. For example, the association between disclosure of private information and the friends list, the relation between disputes and social activities and the limitations on viewing others' private profiles will be reviewed.

      PubDate: 2016-12-21T14:01:55Z
       
  • How to attribute the right to data portability in Europe: A comparative
           analysis of legislations
    • Abstract: Publication date: Available online 20 December 2016
      Source:Computer Law & Security Review
      Author(s): Barbara Van der Auwermeulen
      The number of online services is constantly growing, offering numerous and unprecedented advantages for consumers. Often, the access to these services requires the disclosure of personal information. This personal data is very valuable as it concedes significant advantages over competitors, allowing better answers to the customer's needs and therefore offering services of a better quality. For some services, analysing the customers' data is at the core of their business model. Furthermore, personal data has a monetary value as it enables the service providers to pursue targeted advertising. Usually, the first companies who provide a service will benefit from large volumes of data and might create market entrance barriers for new online providers, thus preventing users from the benefits of competition. Furthermore, by holding a grip on this personal data, they are making it more expensive or burdensome for the user to shift to a new service. Because of this value, online services tend to keep collected information and impede their users to reuse the personal data they have provided. This behaviour results in the creation of a lock-in effect. Upcoming awareness for this problem has led to the demand of a right to data portability. The aim of this paper is to analyse the different legislative systems that exist or have been recently created in this regard that would grant a right to data portability. Firstly, this article draws up the framework of data portability, explaining its origin, general aspects, advantages as well as its possible downfalls. Secondly, the core of the article is approached as the different ways of granting data portability are analysed. In this regard, the possible application of European Competition Law to prohibit restrictions to data portability is examined. Afterwards, an examination of the application of U.S. Antitrust Law is made to determine whether it could be a source of inspiration for European legislators. Finally, an analysis of the new General Data Protection Regulation is made with respect to the development of data portability throughout the European legislative procedure. This article makes a cross-examination of legislations, compares them with one another in order to offer a reflection on the future of portable data in Europe, and finally attempts to identify the best approach to attribute data portability.

      PubDate: 2016-12-21T14:01:55Z
       
  • Legal aspects of ownership in modified open source software and its impact
           on Russian software import substitution policy
    • Abstract: Publication date: Available online 20 December 2016
      Source:Computer Law & Security Review
      Author(s): Alexander Savelyev
      In my previous publication, I tried to show how personal data legislation might be used for achieving the purposes of national sovereignty 1 1 Alexander Savelyev. Russia's new personal data localization regulations: A step forward or a self-imposed sanction? // [2016] 32 Computer Law & Security Review 128–145. . In this paper, I will demonstrate how open source software may be used for achieving similar purposes. However, the interplay between local copyright law, public procurement law and open source community norms creates many issues relating to the legal status and ownership in modified software, based on open source. This is especially so in the case of so-called copyleft open source licenses, where a collision occurs between copyright, as an absolute right enforceable against the world, and the copyleft provisions of license agreements, which may be treated as “rights in personam” enforceable only against the licensee. The exclusive right to derivative software as an independent object of copyright, may come into conflict with restrictions inherited from incoming copyleft licenses. This paper provides an overview and analysis of such problems faced by Russian software developers, attempting to comply with Russian import substitution provisions, by using open source components. Although it is based on Russian law, it may be applicable to other jurisdictions, since general aspects of copyright law and its interaction with private international law and contract law drive it. The paper concludes that the developer of software, containing code licensed under GPL or other copyleft provisions, receives full exclusive right to the derivative software and can commercialize it as he sees appropriate, subject only to possible claims of breach of contract rather than copyright infringement. This opens wide perspectives for using open source components regardless of the type of license used as bricks for building a de-globalized economy and society based on principles of information sovereignty.

      PubDate: 2016-12-21T14:01:55Z
       
  • EU update
    • Abstract: Publication date: Available online 19 December 2016
      Source:Computer Law & Security Review
      Author(s): Kit Burden
      This is the latest edition of the DLA Piper column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.

      PubDate: 2016-12-21T14:01:55Z
       
  • Banking and fraud
    • Abstract: Publication date: Available online 15 December 2016
      Source:Computer Law & Security Review
      Author(s): Stephen Mason, Nicholas Bohm
      The authors wrote a memorandum to the UK Treasury Committee, House of Commons in January 2011 on the topic of banking and fraud. The methods used by thieves to steal from the customers of banks have increased, and in September 2016, the UK consumer magazine Which? made a super-complaint to the Payment Systems Regulator to (i) formally investigate the scale of bank-transfer fraud and how much it is costing consumers to take action, and (ii) propose new measures and greater liability for banks to ensure consumers are better protected when they have been tricked into making a bank transfer. This comment replicates the Memorandum submitted to the Treasury Committee on the basis of having our observations put on the record. The references have been updated and citations added. Apart from the increased variety of methods used by thieves to steal money, the remarks we made in 2011 remain true today.

      PubDate: 2016-12-21T14:01:55Z
       
  • Opening up government data for Big Data analysis and public benefit
    • Abstract: Publication date: Available online 14 December 2016
      Source:Computer Law & Security Review
      Author(s): Keiran Hardy, Alana Maurushat
      Governments around the world are posting many thousands of their datasets on online portals. A major purpose of releasing this data is to drive innovation through Big Data analysis, as well as to promote government transparency and accountability. This article considers the benefits and risks of releasing government data as open data, and identifies the challenges the Australian government faces in releasing its data into the public domain. The Australian government has ambitious aims to release greater amounts of its data to the public. However, it is likely this task will prove difficult due to uncertainties surrounding the reliability of de-identification and the requirements of privacy law, as well as a public service culture which is yet to fully embrace the open data movement.

      PubDate: 2016-12-14T17:02:14Z
       
  • Misuse of private information as a tort: The implications of Google v
           Judith Vidal-Hall
    • Abstract: Publication date: Available online 12 December 2016
      Source:Computer Law & Security Review
      Author(s): Jojo Y.C. Mo
      The Court of Appeal in the recent decision of Google Inc v Judith Vidal Hall 1 1 [2015] E.M.L.R. 15, [2015] E.W.C.A. Civ 311. has made a number of remarkable rulings in the area of privacy. An important aspect of this decision is that it clarified the legal foundation in which an action for unauthorised disclosure of private information is found. However, the decision itself is not without flaws. This paper seeks to analyse potential problems with the action being classified as a tort as well as the scope of misuse of private information being a form of privacy protection.

      PubDate: 2016-12-14T17:02:14Z
       
  • Pseudonymization and impacts of Big (personal/anonymous) Data processing
           in the transition from the Directive 95/46/EC to the new EU General Data
           Protection Regulation
    • Abstract: Publication date: Available online 12 December 2016
      Source:Computer Law & Security Review
      Author(s): Luca Bolognini, Camilla Bistolfi
      In order to carry out the so-called “Big Data analysis”, the collection of personal data seems to be inevitable. The opportunities arising from the analysis of such information need to be balanced with the risks for the data protection of individuals. In this sense, the anonymization technique might be a solution, but it seems to be inappropriate in certain circumstances, among which Big Data processing can be included. In fact, anonymization has a high degree of uncontrollability of the impacts of profiling directed to individual targets whose data has been anonymized. In this sense, pseudonymization can be used both to reduce the risks of reidentification and help data controllers and processors to respect their personal data protection obligations by keeping control over their activities. On the one hand, pseudonymization ensures the capability to reconstruct the processes of identity masking, by allowing re-identification. On the other hand the accountability of the data controller and data processor is guaranteed, thanks to the fact that there will always be a person who can re-identify subjects included in a cluster, acting as a “data keeper”.

      PubDate: 2016-12-14T17:02:14Z
       
  • More than a game: Did Nintendo v. PC Box give manufacturers more control
           over the use of hardware?
    • Abstract: Publication date: Available online 12 December 2016
      Source:Computer Law & Security Review
      Author(s): Bohdan Widła
      The impact of the judgement of the Court of Justice of the European Union issued in the case C-355/12 Nintendo v. PC Box, which concerned the scope of protection granted to technological protection measures (TPMs) of videogames, goes beyond the videogame industry. The CJEU confirmed that TPMs entailing both software media and hardware are admissible. Moreover, according to the CJEU, if a software product also contains other copyrighted media, the general provisions of European copyright law concerning copyright take precedence over software-specific provisions. The article discusses to what extent additional protection of TPMs has been made available to hardware manufacturers, who are also copyright holders, to software which allows the hardware to perform its function.

      PubDate: 2016-12-14T17:02:14Z
       
  • China's stance on the Google/Motorola merger: Implications for competition
           in intellectual property-intensive sectors
    • Abstract: Publication date: Available online 12 December 2016
      Source:Computer Law & Security Review
      Author(s): Qiang Yu
      China's merger enforcement agency approved the Google/Motorola merger with conditions. This pattern of approval is not in full accordance with that in other jurisdictions, including the United States and the European Union, which made unconditional approvals. This contradiction attracted ample criticism; some critics believe that China's policy is designed to protect domestic industry. In investigating the Chinese merger agency's decision and the basis for its decision making, this article finds that much of the criticism is groundless and misleading because the critics have failed to incorporate all elements of the global value chain of mobile intelligent terminals into their analyses. The investigation also shows that, although the decision makers are less experienced, their decisions are based on Chinese competition law and market realities. It is important for international firms to be aware of this pattern in merger analysis.

      PubDate: 2016-12-14T17:02:14Z
       
  • Ethiopia's new cybercrime legislation: Some reflections
    • Abstract: Publication date: Available online 9 December 2016
      Source:Computer Law & Security Review
      Author(s): Kinfe Micheal Yilma
      Ethiopia has been enacting various pieces of legislation to regulate some aspects of the digital environment. The cybercrime proclamation of 2016 is the most recent addition to the statute book that criminalizes a range of cybercrimes. It has also introduced a number of novel evidentiary and procedural rules that will assist in the investigation and prosecution of cybercrimes. The law has, however, attracted criticisms from various corners mainly owing to some of its human rights unfriendly provisions. This comment provides brief analysis of the cybercrime legislation and highlights some of the challenges that lie ahead in the course of putting the law into practice.

      PubDate: 2016-12-14T17:02:14Z
       
  • A comparative study on sanction system of cyber aider from perspectives of
           German and Chinese criminal law
    • Abstract: Publication date: Available online 9 December 2016
      Source:Computer Law & Security Review
      Author(s): Ting Zhang
      In the context of the global information age, cases concerning the provision of technical assistance to commit cybercrimes are growing in leaps and bounds and a brand-new crime-as-a-service industry is beginning to take shape. German criminal law addresses this issue in the context of joint commission theory and individual incrimination as complementary, whereas the Chinese model, by contrast, has made marked progress in the fight against cyber aiding by introducing new criminal provisions. The change of cyber-aiding indeed represents a significant challenge to current criminal legislation and consideration of its criminal countermeasures is indispensably significant.

      PubDate: 2016-12-14T17:02:14Z
       
  • Website blocking in Russia: Recent trends
    • Abstract: Publication date: Available online 8 December 2016
      Source:Computer Law & Security Review
      Author(s): Ruslan Nurullaev
      This article analyses Russian regulation and implementation of website blocking in copyright cases. In Russia, right holders can apply for preliminary website blocking injunctions, which allow the restriction of access to websites used to commit copyright infringements. This gives right holders time to submit a claim against the website operator or hosting provider. In addition, the Russian parliament recently introduced permanent website blocking orders that can be used against websites, which repeatedly infringe copyright. This paper looks into the main trends related to website blocking in Russia: implementation of permanent website blocking, over blocking and lack of proportionality, difficulty to appeal website blocking decisions and the emerging practice of preventive website blocking. When analysing Russian developments the article puts them into context with practices in the EU and UK.

      PubDate: 2016-12-14T17:02:14Z
       
  • Professional Board
    • Abstract: Publication date: December 2016
      Source:Computer Law & Security Review, Volume 32, Issue 6


      PubDate: 2016-12-14T17:02:14Z
       
  • Editor's foreword
    • Abstract: Publication date: December 2016
      Source:Computer Law & Security Review, Volume 32, Issue 6
      Author(s): Steve Saxby


      PubDate: 2016-12-14T17:02:14Z
       
  • Introducing the Open Clause to improve copyright flexibility in
           cyberspace? Analysis and commentary on the proposed “two-step test” in
           the Third Amendment to the Copyright Law of the PRC, in comparison with
           the EU and the US
    • Abstract: Publication date: Available online 1 December 2016
      Source:Computer Law & Security Review
      Author(s): Chenguo Zhang
      The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power. This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.

      PubDate: 2016-12-14T17:02:14Z
       
 
 
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