Regulation Of Cloud Services Under Us And Eu Antitrust Competition And Privacy Laws PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Regulation Of Cloud Services Under Us And Eu Antitrust Competition And Privacy Laws PDF full book. Access full book title Regulation Of Cloud Services Under Us And Eu Antitrust Competition And Privacy Laws.

Regulation of Cloud Services Under US and EU Antitrust, Competition and Privacy Laws

Regulation of Cloud Services Under US and EU Antitrust, Competition and Privacy Laws
Author: Sára Gabriella Hoffman
Publisher: PL Academic Research
Total Pages: 0
Release: 2017
Genre: Antitrust law
ISBN: 9783631677391

Download Regulation of Cloud Services Under US and EU Antitrust, Competition and Privacy Laws Book in PDF, ePub and Kindle

This book examines how cloud-based services challenge the current application of antitrust and privacy laws in the EU and the US. It discusses how platform interoperability can be a driver of incremental innovation and the consequences of not promoting radical innovation. It focusses on the impact of the EU General Data Protection Regulation.


Privacy and Legal Issues in Cloud Computing

Privacy and Legal Issues in Cloud Computing
Author: Anne S. Y Cheung
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2015-06-29
Genre: Computers
ISBN: 1783477075

Download Privacy and Legal Issues in Cloud Computing Book in PDF, ePub and Kindle

Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading i


EU Privacy and the Cloud

EU Privacy and the Cloud
Author: Paul M. Schwartz
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

Download EU Privacy and the Cloud Book in PDF, ePub and Kindle

The cloud is a business sector in which U.S. companies lead the world in new products and services. The market for cloud computing is already a multibillion-dollar international market. Forrester Research Inc. has predicted a growth in the size of this market from $40.7 billion in 2011 to more than $241 billion in 2020. Due to the international dimensions of cloud computing, regulations outside of the United States are now as important as those inside it. The European Union is the most important bilateral trade area for the United States, and its proposed data protection regulation is of profound significance for U.S. companies that offer cloud services. As the European Commission notes, concerns about data protection constitute "one of the most serious barriers to cloud computing take-up." It calls for "a chain of confidence-building steps to create trust in cloud solutions." One of the most important of these steps is the Proposed Data Protection Regulation. U.S. cloud services should take particular note of two areas of the Proposed Regulation. The first concerns its limitations on the use of an individual's consent to permit data processing. The second is how it crafts a broad jurisdictional reach for EU information privacy law. This Essay argues that the Proposed Data Protection Regulation drastically narrows the conditions for reliance on the use of "consent" mechanisms as a justification for data processing. The Proposed Regulation also extends EU privacy jurisdiction beyond the existing framework. This Essay analyzes the resulting strict "fair information practices" regarding consent in EU information privacy law. It also proposes adjustments to the proposed jurisdictional approach for EU privacy law.


Why the Right to Data Portability Likely Reduces Consumer Welfare

Why the Right to Data Portability Likely Reduces Consumer Welfare
Author: Peter Swire
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

Download Why the Right to Data Portability Likely Reduces Consumer Welfare Book in PDF, ePub and Kindle

In its draft Data Protection Regulation, the European Union has announced a major new economic and human right - the right to data portability ('RDP'). The basic idea of the RDP is that an individual would be able to transfer his or her material from one information service to another, without hindrance. For instance, consumers would have a legal right to get an immediate and full download of their data held by a social network such as Facebook, a cloud provider, or a smartphone app. Although the idea of data portability is appealing, the RDP as defined in Article 18 of the draft Regulation is unprecedented and problematic. Part I explains Article 18, whose text appears to require software and online service providers to create what we call an 'Export-Import Module,' or software code that exports data seamlessly from the first service to the second service. The requirements would apply globally, for any entity that sells to an E.U. resident. Part II critiques the RDP in light of the teachings of E.U. competition and U.S. antitrust law. Competition law has long addressed the problems of lock-in and high switching costs that form a chief justification for the RDP. The RDP, however, applies to small enterprises, where there is essentially no risk of lock-in. In contrast to competition law, the RDP applies to all online services even where there is no market power and no barrier to entry. Article 18 more generally is in conflict with the rules in competition law about exclusionary conduct - it creates a per se prohibition where competition law would apply a rule of reason approach. Competition law would consider the many efficiencies that result from a service provider deciding which functions and formats to include in its products, which undergo rapid innovation. Part III shows that Article 18 also suffers serious difficulties as a matter of privacy or data protection law. Proponents have claimed the RDP is a new fundamental human right, aiding the individual's autonomy for online activities. No jurisdiction has experimented with anything resembling the proposed Article 18, however, casting serious doubt on its status as a new human right. Among other difficulties, Article 18 poses serious risks to a long-established E.U. fundamental right of data protection, the right to security of a person's data. Previous access requests by individuals were limited in scope and format. By contrast, when an individual's lifetime of data must be exported 'without hindrance,' then one moment of identity fraud can turn into a lifetime breach of personal data. Part IV shows that Article 18 goes far beyond previous legal rules that specifically address interoperability. In conclusion, the novel RDP is justified by the supposed benefits to consumers. As drafted, however, the RDP likely reduces consumer welfare, as articulated after long experience in competition law. It also creates risks to privacy that are not addressed in the current text. The RDP deserves far more scrutiny before becoming a mandate that applies globally to software and online services.


Data Localization Laws and Policy

Data Localization Laws and Policy
Author: W. Kuan Hon
Publisher: Edward Elgar Publishing
Total Pages: 489
Release: 2017
Genre: Cloud computing
ISBN: 1786431971

Download Data Localization Laws and Policy Book in PDF, ePub and Kindle

Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.


Competition, Data and Privacy in the Digital Economy

Competition, Data and Privacy in the Digital Economy
Author: Maria Wasastjerna
Publisher: Kluwer Law International B.V.
Total Pages: 416
Release: 2020-07-16
Genre: Law
ISBN: 9403522240

Download Competition, Data and Privacy in the Digital Economy Book in PDF, ePub and Kindle

Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.


Regulating the Cloud

Regulating the Cloud
Author: Christopher S. Yoo
Publisher: MIT Press
Total Pages: 329
Release: 2015-08-21
Genre: Computers
ISBN: 0262331179

Download Regulating the Cloud Book in PDF, ePub and Kindle

The emergence of the cloud as infrastructure: experts from a range of disciplines consider policy issues including reliability, privacy, consumer protection, national security, and copyright. The emergence of cloud computing marks the moment when computing has become, materially and symbolically, infrastructure—a sociotechnical system that is ubiquitous, essential, and foundational. Increasingly integral to the operation of other critical infrastructures, such as transportation, energy, and finance, it functions, in effect, as a meta-infrastructure. As such, the cloud raises a variety of policy and governance issues, among them market regulation, fairness, access, reliability, privacy, national security, and copyright. In this book, experts from a range of disciplines offer their perspectives on these and other concerns. The contributors consider such topics as the economic implications of the cloud's shifting of computing resources from ownership to rental; the capacity of regulation to promote reliability while preserving innovation; the applicability of contract theory to enforce service guarantees; the differing approaches to privacy taken by United States and the European Union in the post-Snowden era; the delocalization or geographic dispersal of the archive; and the cloud-based virtual representations of our body in electronic health data. Contributors Nicholas Bauch, Jean-François Blanchette, Marjory Blumenthal, Sandra Braman, Jonathan Cave, Lothar Determann, Luciana Duranti, Svitlana Kobzar, William Lehr, David Nimmer, Andrea Renda, Neil Robinson, Helen Rebecca Schindler, Joe Weinman, Christopher S. Yoo


Us and Eu Cloud Computing Policy and Acceptance for Regulated Entities

Us and Eu Cloud Computing Policy and Acceptance for Regulated Entities
Author: Darral Addison
Publisher: Validated Quality Systems
Total Pages: 78
Release: 2017
Genre:
ISBN: 9780998504018

Download Us and Eu Cloud Computing Policy and Acceptance for Regulated Entities Book in PDF, ePub and Kindle

The federal government is not in the business of developing new technologies, but they are in the business of facilitating them. If you are planning to develop computer-based products and services for regulated industries or would like to gain a better grasp on how IT policies are promulgated, then I strongly suggest you read this book. This book will make plain which government agencies help promulgate policies that aid in the acceptance of Cloud and Computerized systems. This book will help you understand how Cloud computing technology, design, and architecture are facilitated and protected by laws, regulations, and funding priorities. In the United States, the integrity, privacy, and security of medical and health records is a prime directive. In the European Community, personal privacy and data security are major factors that encourage the acceptance of cloud computing. Paying close attention to the spirit of the regulations, policies, codes, rules, and standards is key towards succeeding in the industry. Even though policies, guidance, and interpretations from various agencies may echo similar definitions, it is important to understand those small distinctions governing each complementary framework. This book unveils the stakeholders and policy shakers who provide funding and drive public policy towards the acceptance of cloud and computer networks. Regulatory Agencies have developed a set of expectations for companies who develop and operate computer systems in regulated spaces. Understanding how these policies are promulgated help will uncover the IT requirements that drive industry activities.


Communications and Competition Law

Communications and Competition Law
Author: Fabrizio Cugia di Sant'Orsola
Publisher:
Total Pages: 0
Release: 2014-12
Genre: Antitrust law
ISBN: 9789041151469

Download Communications and Competition Law Book in PDF, ePub and Kindle

Introducing Diversity in EU Merger Control /Yvan Desmedt & Philippe Laconte --Summary of Recent U.S. Enforcement Decisions in Communication/Entertainment Industry Transactions /Ilene Knable Gotts --Competition and Regulatory Aspects of Convergence, Takeovers and Mergers in the Communications and Media Industries /Thomas Janssens & Joep Wolfhagen --Brazil's Antitrust and Regulatory Reviews of TIM/Telefónica: Lessons Learned /Ana Paula Martinez & Alexandre Ditzel Faraco --Changes in the Global Telecommunication Market and Its Implications in Brazil /Gesner Oliveira & Wagner Heibel --Mergers in the Canadian Communications Sector: An Increasingly Curious Situation /Lorne Salzman --In Search of a Competition Doctrine for Information Technology Markets: Recent Antitrust Developments in the Online Sector /Jeffrey A. Eisenach & Ilene Knable Gotts --The Internet of Things in the Light of Digitalization and Increased Media Convergence /Anna Blume Huttenlauch & Thoralf Knuth --Dynamic Markets and Competition Policy /Bernardo Macedo & Sílvia Fagá de Almeida --Recent Antitrust Developments in the Online Sector/ Federico Marini-Balestra --Mobile Payments and Mobile Banking in Brazil: Perspectives from an Emerging Market /Márcio Issao Nakane, Camila Yumy Saito & Mariana Oliveira e Silva --Internet of Things: Manufacturing Companies Industry and Use of 'White Spectrum': Ghost in the Machine? /Kurt Tiam & Andy Huang --Competitive Aspects of Cloud-Based Services /Fabrizio Cugia di Sant'Orsola & Silvia Giampaolo --Standard-Essential Patents and US Antitrust Law: Light at the End of the Tunnel? /Leon B. Greenfield, Hartmut Schneider & Perry A. Lange --IP and Antitrust: Recent Developments in EU Law /Miguel Rato & Mark English --Antitrust Cases Involving Intellectual Property Rights in the Communication and Media Sector in Brazil /Barbara Rosenberg, Luis Bernardo Cascão & Vivian Terng --Patents Meet Antitrust Law: The State of Play of the FRAND Defense in Germany /Wolrad Prinz zu Waldeck und Pyrmont --The Role of Privacy in a Changing World /Chris Boam --The Transatlantic Perspective: Data Protection and Competition Law /Pamela Jones Harbour --Power over Data: Brazil in Times of Digital Uncertainty /Floriano de Azevedo Marques Neto, Milene Louise Renée Coscione & Juliana Deguirmendjian --Big Data and the Cloud: Privacy and Security Threats of Mass Digital Surveillance? /Lyda Mastrantonio & Natalia Porto --Net Neutrality Regulation: A Worldwide Overview and the Chilean Pioneer's Experience /Alfonso Silva & Sebastian Squella --Net Neutrality in Singapore: A Fair Game /Chung Nian Lam --Internet Regulation in Brazil: The Network Neutrality Issue /Lauro Celidonio Gomes dos Reis Neto, Fabio Ferreira Kujawski & Thays Castaldi Gentil --The New Brazilian Internet Constitution and the Netmundial Forum /João Moura --The Brazilian Telecom Regulatory Scenario and the Proposals of the Internet Law /Regina Ribeiro do Valle --Competition in the Brazilian Telecommunication Market /rMaximiliano Martinhão, Guido Lorencini Schuina, Haitam Laboissiere Naser & Leonardo Fernandez Zago --A New Horizon for Competition Advocacy in Brazil /Adriano Augusto do Couto Costa, Marcelo de Matos Ramos & Roberto Domingos Taufick --Overlaps and Synergies between Regulators in the Brazilian Telecommunications Market /Marcelo Bechara de Souza Hobaika & Carlos M. Baigorri --The New Competition Law in Brazil and the New Framework for Merger Analysis in Telecom /Carlos Emmanuel Joppert Ragazzo & Cristiane Landerdahl de Albuquerque --Chapter 31: Regulatory Policy Round Table: A Dialogue between Telecommunications and Antitrust Authorities /Denis Alves Guimarães.


Regulating New Technologies in Uncertain Times

Regulating New Technologies in Uncertain Times
Author: Leonie Reins
Publisher: Springer
Total Pages: 313
Release: 2019-03-21
Genre: Law
ISBN: 9462652791

Download Regulating New Technologies in Uncertain Times Book in PDF, ePub and Kindle

This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw. The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy. Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation. Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.