9

result(s)

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Keyword
Date

Optimal Scope for Free Flow of Non-Personal Data in Europe

15-03-2018

Data is not static in a personal/non-personal classification – with modern analytic methods, certain non-personal data can help to generate personal data – so the distinction may become blurred. Thus, de-anonymisation techniques with advances in artificial intelligence (AI) and manipulation of large datasets will become a major issue. In some new applications, such as smart cities and connected cars, the enormous volumes of data gathered may be used for personal information as well as for non-personal ...

Data is not static in a personal/non-personal classification – with modern analytic methods, certain non-personal data can help to generate personal data – so the distinction may become blurred. Thus, de-anonymisation techniques with advances in artificial intelligence (AI) and manipulation of large datasets will become a major issue. In some new applications, such as smart cities and connected cars, the enormous volumes of data gathered may be used for personal information as well as for non-personal functions, so such data may cross over from the technical and non-personal into the personal domain. A debate is taking place on whether current EU restrictions on confidentiality of personal private information should be relaxed so as to include personal information in free and open data flows. However, it is unlikely that a loosening of such rules will be positive for the growth of open data. Public distrust of open data flows may be exacerbated because of fears of potential commercial misuse of such data, as well of leakages, cyberattacks, and so on. The proposed recommendations are: to promote the use of open data licences to build trust and openness, promote sharing of private enterprises’ data within vertical sectors and across sectors to increase the volume of open data through incentive programmes, support testing for contamination of open data mixed with personal data to ensure open data is scrubbed clean - and so reinforce public confidence, ensure anti-competitive behaviour does not compromise the open data initiative.

Reform of the e-Privacy Directive

30-08-2017

In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States. Stakeholders are divided on certain issues, including on the basic need for a new measure to protect confidentiality in ...

In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States. Stakeholders are divided on certain issues, including on the basic need for a new measure to protect confidentiality in e-communications. Some national parliaments have made comments on the proposal, and discussions are progressing in Council. In the European Parliament, rapporteur Marju Lauristin (S&D, Estonia) presented a draft report to the Civil Liberties Committee on 21 June 2017, and this is expected to be voted in October 2017.

Protecting businesses' trade secrets

05-04-2016

On 15 December 2015, Parliament and Council negotiators reached a provisional agreement on a new EU directive setting common rules for protecting trade secrets and confidential information in the EU. On 28 January 2016, the Legal Affairs Committee (rapporteur Constance Le Grip, EPP, France) endorsed the agreed text, which is now to be voted by Parliament as a whole.

On 15 December 2015, Parliament and Council negotiators reached a provisional agreement on a new EU directive setting common rules for protecting trade secrets and confidential information in the EU. On 28 January 2016, the Legal Affairs Committee (rapporteur Constance Le Grip, EPP, France) endorsed the agreed text, which is now to be voted by Parliament as a whole.

Earth observation satellite data for commercial purposes: Initial Appraisal of a European Commission Impact Assessment

12-02-2015

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the Commission proposal for a Directive on the dissemination of Earth observation satellite data for commercial purposes. Overall, the impression is that the IA has made a genuine attempt to present what it perceives to be the problems which need addressing and to define the objectives of the initiative and the progress indicators accordingly. The outcome ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the Commission proposal for a Directive on the dissemination of Earth observation satellite data for commercial purposes. Overall, the impression is that the IA has made a genuine attempt to present what it perceives to be the problems which need addressing and to define the objectives of the initiative and the progress indicators accordingly. The outcome of the first stakeholder consultation, even if rather limited, is clearly presented and appears to have been integrated into the analysis, with a transparent presentation of the stakeholders' views throughout. Nevertheless, the IA has a number of shortcomings and is, at best, incomplete. It remains to be seen to what extent the supplementary impact assessment work requested by Council responds to the concerns that have been expressed and help to complete some of the weaker areas identified. This note is prepared for the Committees on Industry, Research and Energy (ITRE) and Internal Market and Consumer Protection (IMCO) of the European Parliament.

Protection of Trade Secrets: Initial Appraisal of the Commission's Impact Assessment

08-07-2014

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying its proposal for a Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (COM (2013) 813), which was adopted on 28 November 2013. It does not attempt to deal with the substance of the proposals and is drafted for informational and background purposes to assist the ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying its proposal for a Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (COM (2013) 813), which was adopted on 28 November 2013. It does not attempt to deal with the substance of the proposals and is drafted for informational and background purposes to assist the JURI committee and its Members in their work.

Trade Secrets

15-04-2014

This document provides an analysis of the nature of a trade secret, its legal protection and the European Commission's recent proposal. While protection is afforded under several jurisdictions, such as EU law, international law, criminal law, civil law, labour law or simply tort law, no uniform instrument exists. As case law is very important for that kind of a relatively new concept, some examples from jurisprudence are provided.

This document provides an analysis of the nature of a trade secret, its legal protection and the European Commission's recent proposal. While protection is afforded under several jurisdictions, such as EU law, international law, criminal law, civil law, labour law or simply tort law, no uniform instrument exists. As case law is very important for that kind of a relatively new concept, some examples from jurisprudence are provided.

'Rebooting' the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU

15-01-2014

Five and a half years since its adoption, the Mediation Directive (2008/52/EC) has not yet solved the ‘EU Mediation Paradox’. Despite its proven and multiple benefits, mediation in civil and commercial matters is still used in less than 1% of the cases in the EU. This study, which solicited the views of up to 816 experts from all over Europe, clearly shows that this disappointing performance results from weak promediation policies, whether legislative or promotional, in almost all of the 28 Member ...

Five and a half years since its adoption, the Mediation Directive (2008/52/EC) has not yet solved the ‘EU Mediation Paradox’. Despite its proven and multiple benefits, mediation in civil and commercial matters is still used in less than 1% of the cases in the EU. This study, which solicited the views of up to 816 experts from all over Europe, clearly shows that this disappointing performance results from weak promediation policies, whether legislative or promotional, in almost all of the 28 Member States. The experts strongly supported a number of proposed nonlegislative measures that could promote mediation development. But more fundamentally, the majority view of these experts suggests that introducing a ‘mitigated’ form of mandatory mediation may be the only way to make mediation eventually happens in the EU. The study therefore proposes two ways to “reboot” the Mediation Directive: amend it, or, based on the current wording of its Article 1, request that each Member State commit to, and reach, a simple “balanced relationship target number” between civil litigation and mediation.

External author

Giuseppe De Palo (ADR Center - Member of JAMS International , Hamline University School of Law), Leonardo D’Urso (ADR Center - Member of JAMS International), Mary Trevor (Hamline University School of Law), Bryan Branon (ADR Center - Member of JAMS International), Romina Canessa (ADR Center - Member of JAMS International), Beverly Cawyer (ADR Center - Member of JAMS International) and L. Reagan Florence (ADR Center - Member of JAMS International)

Parliamentary Oversight of Security and Intelligence Agencies in the European Union

15-06-2011

This study evaluates the oversight of national security and intelligence agencies by parliaments and specialised non-parliamentary oversight bodies, with a view to identifying good practices that can inform the European Parliament’s approach to strengthening the oversight of Europol, Eurojust, Frontex and, to a lesser extent, Sitcen. The study puts forward a series of detailed recommendations (including in the field of access to classified information) that are formulated on the basis of indepth ...

This study evaluates the oversight of national security and intelligence agencies by parliaments and specialised non-parliamentary oversight bodies, with a view to identifying good practices that can inform the European Parliament’s approach to strengthening the oversight of Europol, Eurojust, Frontex and, to a lesser extent, Sitcen. The study puts forward a series of detailed recommendations (including in the field of access to classified information) that are formulated on the basis of indepth assessments of: (1) the current functions and powers of these four bodies; (2) existing arrangements for the oversight of these bodies by the European Parliament, the Joint Supervisory Bodies and national parliaments; and (3) the legal and institutional frameworks for parliamentary and specialised oversight of security and intelligence agencies in EU Member States and other major democracies.

External author

Aidan WILLS (Geneva Centre for the Democratic Control of Armed Forces - DCAF) and Mathias VERMEULEN (European University Institute - EUI)

Security Technologies for Digital Media

01-05-2001

The aim of this study is to present a number of options on the question of digital content security technology to the European Parliament, particularly the Committee on Legal Affairs and the Internal Market, and the European Commission, including operational options.

The aim of this study is to present a number of options on the question of digital content security technology to the European Parliament, particularly the Committee on Legal Affairs and the Internal Market, and the European Commission, including operational options.

External author

Franck Leprevost (Université de Grenoble, France) and Bertrand Warusfel (Université de Paris V, Paris, France)

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