Directive

About: Directive is a research topic. Over the lifetime, 5695 publications have been published within this topic receiving 56084 citations.

The Transposition into UK Law of EU Directive 95/46/EC (the Data Protection Directive)

Abstract: This paper considers the factors which are required to be taken into account in transposing the EU Data Protection Directive into UK law, in the light of the Directive's objects, the options available to the UK government and the UK Data Protection Registrar's views. The choice between primary and secondary legislation, the extent to which the UK's 1984 Data Protection Act requires adaptation and the signi cance of the Directive's object of protecting the right of privacy are discussed. The Home Of ce consultation, and the Registrar's response, are referred to, and some outstanding uncertainties are considered. With the Directive's deadline for transposition set at 24 October 1998, the UK's legislative process has some way to go. Draft legislation has not yet been published, though the government has announced its intention of going no further than is necessary to comply with the Directive. This still leaves uncertainty about the extent to which the 1984 Act will need to be amended. The Registrar favours ...

Pan-European Securities Markets: Policy Issues and Regulatory Responses

Abstract: This paper shows the complexity of some policy issues involved in the reform of European securities regulation and the difficulties encountered in formulating adequate regulatory responses. After reviewing the main criteria which support a claim for securities regulation harmonisation, I analyse the limits of the new institutional structure suggested by the Lamfalussy report. I then examine the European Commission's orientations as to the adoption of high level principles for regulated markets. I apply the results of my previous research in this area to criticise the Commission's proposals concerning transparency obligations and the treatment of ATS and internalisation of orders. I conclude that, on the whole, the proposed principles would not significantly improve the conditions for the growth of pan-European trading systems. I also examine the proposed prospectus directive, in the light of harmonisation of the disclosure standards. Prospectus reform should have a positive impact on the primary markets, by reducing transaction costs and regulatory obstacles to cross-border public offers of securities. However, it is not certain that such a reform will be sufficient to achieve far-reaching changes in current practices of domestic offers and "international style offerings." Moreover, the proposed directive would not substantially affect global offers, particularly those concerning securities issued by third countries companies. In addition to these observations, I conclude that in any case the draft directive should be amended as to the scope of the prospectus requirement and the preference for issuer domicile over issuer choice.

Cloud computing, trans-border data flows and the European Directive 95/46/EC: applicable law and task distribution

Abstract: Starting from three different cases decided by the Italian Data Protection Authority, the author conducts a wider analysis on the legal aspects of data protection in a cloud computing environment. This paper examines the effect of the European Data Protection Directive on task distribution and regulation of data flows between a cloud service provider and business or consumer clients.

The New Legal Framework For E-commerce In Europe

Abstract: This collection of essays by well known specialists in e-commerce and Internet law, drawn from both academe and practice, analyses recent crucial legislation which has created, for the first time, a legal regime governing European electronic commerce. The central focus is on the European Electronic Commerce Directive and its implementation in the UK since August 2002. The E-Commerce Directive develops a distinctive European strategy for regulating and promoting on-line business and the information society. Areas of the Directive analysed include contracting on-line, Internet service provider liability, consumer privacy including spam and 'cookies', country of origin regulation, and on-line alternative dispute resolution (ODR). Further chapters move beyond the Directive to discuss other important new laws in this domain, including the Privacy and Electronic Communications Directive, the Distance Selling Directives, the Electronic Money Directive, the Lawful Business regulations on employee surveillance, the disability discrimination rules affecting websites and the extension of VAT to on-line transactions. Both the European framework and the rules as implemented in the UK are examined and critiqued for how well they meet the needs of business and consumers.