Data Protection Law in the EU: Roles, Responsibilities and Liability最新文献_第2页

E-Government Identity Management 电子政府身份管理

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1017/9781780688459.024

引用次数: 0

The Emergence of Data Protection Law 数据保护法的出现

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1017/9781780688459.016

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Cloud Computing 云计算

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1017/9781780688459.026

Paulina Hoang

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Basic Protections 基本的保护

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1017/9781780688459.009

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Typology of Issues 问题类型学

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1017/9781780688459.029

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Structure and Methodology 结构与方法

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1007/978-3-319-12763-7_2

M. Fortis, M. Carminati

引用次数: 2

International Instruments 国际乐器

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1017/9781780688459.018

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Background 背景

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-29 DOI: 10.1017/9781780688459.003

R. Jeyaraj, Sonam Vadera, Z. Low, L. Gluud, M. Morgan

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Online Social Networks 在线社交网络

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-11 DOI: 10.1787/29c36907-en

Jeong-ha Oh, Anjana Susarla, Yong Tan

{"title":"Online Social Networks","authors":"Jeong-ha Oh, Anjana Susarla, Yong Tan","doi":"10.1787/29c36907-en","DOIUrl":"https://doi.org/10.1787/29c36907-en","url":null,"abstract":"This paper is motivated by the success of You Tube, which is attractive to content creators and media companies for the potential to rapidly disseminate digital content. The tremendous variation in the success of videos posted online and the networked structure of interactions on You Tube lend itself to an inquiry about the role of social influence on content diffusion. Using a unique data set of video information and user information collected from You Tube, we find that evidence for a number of mechanisms by which social influence is transmitted, such as a preference for conformity, social learning and the role of innovators or opinion-makers. Such mechanisms of social interactions can play a huge role not only in the success of user-generated content, but also on the magnitude of that impact. Our results are in sharp contrast to earlier models of diffusion such as the Bass model that do not distinguish between different social processes that are responsible for the process of diffusion of content. Econometrically, the problem in identifying social influence is that individuals’ choices depend in great part on the choices of other individuals, referred to as the ‘reflection problem’. Another problem in identification is to distinguish between social contagion and user heterogeneity in the diffusion process. Our results are robust to potential self-selection according to user tastes, temporal heterogeneity and the reflection problem. Implications for researchers and managers are discussed.","PeriodicalId":211467,"journal":{"name":"Data Protection Law in the EU: Roles, Responsibilities and Liability","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114025216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 37

Liability Exposure of Controllers and Processors 控制者和处理者的责任暴露

Data Protection Law in the EU: Roles, Responsibilities and Liability Pub Date : 2019-03-01 DOI: 10.1017/9781780688459.011

B. Alsenoy

{"title":"Liability Exposure of Controllers and Processors","authors":"B. Alsenoy","doi":"10.1017/9781780688459.011","DOIUrl":"https://doi.org/10.1017/9781780688459.011","url":null,"abstract":"145. OUTLINE – The GDPR has introduced a number of important clarifications and changes when it comes to liability under EU data protection law. The main principles underlying the liability model have, however, essentially remained the same. To provide a comprehensive account of the liability exposure of controllers and processors, both the liability regime of Directive 95/46 and the liability regime GDPR shall be analysed. 146. RELEVANT SOURCES – The main sources used for the analysis are the texts of Directive 95/46 and the GDPR, their preparatory works and the guidance issued by the Article 29 Working Party. Where appropriate, however, reference shall also be made to the preparatory works of national implementations of Directive 95/46 (e.g. the Netherlands, Belgium), as a means to supplement the insights offered by the primary sources. Last but not least, the Principles of European Tort Law (PETL), as well as national tort law, are also considered for issues not addressed explicitly by Directive 95/46 or the GDPR. DIRECTIVE 95/46: “STRICT” LIABILITY FOR CONTROLLERS 147. BASIC PRINCIPLE – Under Directive 95/46, a controller was, as a matter of principle, liable for any damages caused by the unlawful processing of personal data. Article 23(1) of Directive 95/46 stipulates that Member States must provide that the controller shall be liable towards data subjects for any damages suffered as a result of an unlawful processing operation. A controller could be exempted from liability, however, in whole or in part, if he proved that he was “ not responsible for the event giving rise to the damage ” (Article 23(2)). Directive 95/46 does not contain any provisions regarding the liability exposure of processors. While Article 16 stipulates that processors may only process the data in accordance with the instructions of the controller, the Directive does not explicitly allocate liability in case of a disregard for instructions. CONTROLLER LIABILITY A. The nature of controller obligations 148. “MEANS” OR “RESULT” – To properly understand the liability exposure of controllers, it is necessary to first understand the nature of controller obligations. Directive 95/46 imposes a variety of obligations upon controllers. In certain instances, the obligations specify a result to be achieved (e.g. “personal data must be collected for legitimate purposes and not further processed in a way incompatible with those purposes”). In other instances, the obligations are specified as an obligation to make reasonable eff orts to do something (“obligation of means”).","PeriodicalId":211467,"journal":{"name":"Data Protection Law in the EU: Roles, Responsibilities and Liability","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126693075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0