Showing papers in "Computer Law & Security Review in 2019"

TL;DR: To underpin this new form of business process, a set of Principles for Responsible AI is presented, consolidating proposals put forward by a diverse collection of 30 organisations.

TL;DR: The aim of this paper is to analyse the very recently approved national Member States’ laws that have implemented the GDPR in the field of automated decision-making (prohibition, exceptions, safeguards): all national legislations have been analysed and in particular 9 Member States Law address the case of automated decisions making providing specific exemptions and relevant safeguards.

TL;DR: It is stressed that data sharing via APIs requires a complex implementation process and sound standardization initiatives are essential for its success and placing excessive reliance on fair, reasonable and non-discriminatory (FRAND) terms might be counterproductive.

TL;DR: The critical role of ENISA in implementing the Directive, as reinforced by the proposal for a new Regulation on ENISA (the EU Cybersecurity Act), is brought forward, before elaborating upon the, inevitable, relationship of the NIS Directive with EU's General Data Protection Regulation.

TL;DR: Key regulatory concepts are reviewed, and each of the various forms that regulatory schemes can take are considered, and co-regulation is proposed as the most appropriate approach.

TL;DR: The challenges of overlapping public/private regulatory initiatives that govern robot technologies in general and in the concrete of healthcare robot technologies are investigated and different ways to integrate the technical know-how into policymaking are proposed and to strengthen the legitimacy of standards are proposed.

TL;DR: It is proposed that AI needs to be re-conceived as `complementary artefact intelligence', and that the robotics notion of `machines that think' needs to give way to the idea of `intellectics', with the focus on `computers that do'.

TL;DR: The article contends that the rigid rules placed on lending platforms limited their ability to maintain their roles as brokers and, in turn, heavily endangered the commercial sustainability of P2P platforms, thereby harming the sharing economy's openness and inclusivity.

TL;DR: How emerging “information” based and experiment-based approaches to governance are drawing on both global and Chinese experiences to harness the capabilities of the Internet and the collective energies of Internet finance enterprises and users to advance the regulation of the China Internet finance system in a way that is conducive to the public interest is explained.

TL;DR: This article uses the example of the cryptocurrency Bitcoin and the General Data Protection Regulation (GDPR) to show how distributed networks challenge existing legal mechanisms of allocating responsibility.

TL;DR: The extent to which the GDPR provisions establishes a protection regime for individuals against advanced profiling techniques is examined, enabling thus accountability and transparency in the financial and tax domain.

TL;DR: It is concluded that under the shadow of the law, a sustainable copyright-sharing model must carefully align the interests of businesses and individual users.

TL;DR: In this article, the authors argue that using smart contracts in no-trust contracting environments is the path to unleash the full potential of smart contracts, and suggest a step forward in characterizing contracting environments, contract enforcement mechanisms and the trust relationship underlying contracts.

TL;DR: The similarities and major differences, and the overall suitability of the two models for the era of the Internet of Things (IoT) in which large amounts of personal data are processed on an on-going basis from connected devices around the world are considered.

TL;DR: These obligations should be created through voluntary agreements between the government regulator and operators under a permit system, rather than by creating new statutory obligations, as the former is much more flexible and allows for the adoption of various incentive schemes.

TL;DR: The adoption of Internet-based regulations for online car hailing in China might create better prospects to establish a fairly competitive market as well as to further boost the ever dynamic Internet sharing economy in China.

TL;DR: This paper addresses hazards, analyses the information provided by five Spanish crowdfunding platforms to retail investors and determines whether or not real estate crowdfunding platforms in Spain are making a contribution to the development of the housing market.

TL;DR: An analysis of the PSD2 shows that the development of the market for payment services has a higher priority and the access to accounts of the payment initiation service providers and account information service providers does not adequately protect the personal data of the users.

TL;DR: In this article, the authors discuss the legal issues related to smart contracts on the blockchain and discuss how the use of smart contracts leads to a shift of confidence, from trust in people to trust in code.

TL;DR: A complementary approach is suggested, the connotation of these concepts and the added value of such a method are explained and the importance of performing complete and accurate DPIAs, in terms of contributing to improving the protection of personal data is demonstrated.

TL;DR: The labor protection arrangements for sharing firms’ laborers should be more flexible and diversified, and ex ante regulatory measures designed to protect the personal data of users should be introduced for deployment in the context of the sharing economy.

TL;DR: It is argued that the E-Commerce Law still has some specific problems, and judicial interpretation and detailed rules for implementation should be formulated as soon as possible, and the potential solutions are described in the conclusion.

TL;DR: It is argued that there is a regional trend towards adopting more liberal and technology-neutral standards for electronic signatures in Southeast Asia, and ASEAN as a vehicle of regulatory change has played an essential role in translating this principle to the national context.

TL;DR: It is proposed that smart contracts are not contracts for all practical purposes, and that any legal response is entirely dependent on the technical capabilities of the smart contract.

TL;DR: By taking inspiration from some regulatory actions undertaken by the European Union, the paper bears in mind that regulation can be used as a sword in the hands of consumers to finally assign them a lead role in digital markets.

TL;DR: The paper argues that by cutting the supply of user data to its competitors, a dominant player can successfully restrict its competitors from gaining critical mass that is crucial to stay viable in a competitive market.

TL;DR: This research aims to develop a set of standards to measure the concept of security and to increase the consistency of security in ODR systems, identifying three elements of information security, privacy, and authentication as standards for an appropriate ODR legal framework.

TL;DR: This paper offers the first systematic study of the rules pertaining to data property rights, thereby enriching the theory of such rights and serving as a theoretical basis for the enactment of a civil code that protects citizens’ legal rights and interests in the information society.

TL;DR: The key issues of this important case, including attribution of a cyber attack to a State and interpretation of an insurance policy's war exclusion in a cyber context, are analyzed, including the strengths and limits of general principles of contract and public international law when applied to new technologies and cyber incidents.

TL;DR: It is observed that quantity control of vehicles is still necessary in the Internet era due to imperfect competition and information asymmetries and it is proposed that the various levels of Chinese government should first establish a level playing field for traditional taxis and car hailing, and second, devise a mechanism to closely monitor the quantity of vehicles in the taxi market.