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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 ...

Reform of the e-Privacy Directive

Briefing 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 ...

Protecting businesses' trade secrets

V stručnosti 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.

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 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 ...

Trade Secrets

Hĺbková analýza 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.

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 ...

V tejto štúdii sa hodnotí dohľad parlamentov a špecializovaných mimoparlamentných dozorných orgánov nad národnými bezpečnostnými a spravodajskými agentúrami s cieľom určiť osvedčené postupy, ktoré môžu sformovať prístup Európskeho parlamentu k posilneniu dohľadu nad Europolom, Eurojustom, Frontexom a v menšej miere nad Sitcenom. Štúdia obsahuje návrh niekoľkých podrobných odporúčaní (aj v oblasti prístupu k utajovaným informáciám), ktoré sú sformulované na základe hĺbkového posúdenia: 1) súčasných ...

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.