Computer Law & Security Review最新文献_第3页

False choices: Competitiveness, deregulation, and the erosion of GDPR’s regulatory integrity 错误的选择：竞争力、放松管制和GDPR监管完整性的侵蚀

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2026-04-01 Epub Date: 2025-12-03 DOI: 10.1016/j.clsr.2025.106237

Itxaso Domínguez de Olazábal

{"title":"False choices: Competitiveness, deregulation, and the erosion of GDPR’s regulatory integrity","authors":"Itxaso Domínguez de Olazábal","doi":"10.1016/j.clsr.2025.106237","DOIUrl":"10.1016/j.clsr.2025.106237","url":null,"abstract":"<div><div>In the name of competitiveness, the European Union (EU) is witnessing a political push to dilute its cornerstone digital regulation: the General Data Protection Regulation (GDPR). This opinion piece critically examines the emerging narrative that regulatory effectiveness must be traded off against innovation, agility, and economic growth. It challenges the assumption that the GDPR poses an inherent barrier to a ‘competitive digital EU’ and scrutinises how ongoing deregulation efforts - framed as simplification - undermine both the normative foundations and the enforceability of the Regulation. Drawing on recent legislative initiatives (including the so-called IVth Omnibus Proposal, with a brief reference to the so-called ‘Digital Omnibus’), the article argues that competitiveness has become a rhetorical device for shifting the regulatory Overton window. It contends that the real barriers to effectiveness lie not in the GDPR’s design but in uneven enforcement, institutional under-resourcing, and the failure to challenge extractive business models. Rather than weakening existing rules, the EU’s digital competitiveness would be better served by safeguarding the GDPR’s rights-based approach and by treating regulatory integrity and fundamental rights as the preconditions for a sustainable and just digital future.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"60 ","pages":"Article 106237"},"PeriodicalIF":3.2,"publicationDate":"2026-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145685493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Integration of statutory norms in computable contracts 可计算合同中法定规范的整合

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2026-04-01 Epub Date: 2025-12-01 DOI: 10.1016/j.clsr.2025.106223

Cosimo Laneve , Alessandro Parenti , Giovanni Sartor

引用次数: 0

Bridging the Great Wall: China’s Evolving Cross-Border Data Flow Policies and Implications for Global Data Governance 跨越长城：中国不断演变的跨境数据流政策及其对全球数据治理的影响

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-09-25 DOI: 10.1016/j.clsr.2025.106208

Sheng Zhang , Henry Gao

{"title":"Bridging the Great Wall: China’s Evolving Cross-Border Data Flow Policies and Implications for Global Data Governance","authors":"Sheng Zhang , Henry Gao","doi":"10.1016/j.clsr.2025.106208","DOIUrl":"10.1016/j.clsr.2025.106208","url":null,"abstract":"<div><div>Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This paper examines the economic, political, and international drivers behind this shift. This paper also compares the approaches of China and the United States to CBDF, in light of the recent tightening of US restrictions, from both technical and geopolitical perspectives. At the technical level, recent policy trends in both countries reveal notable similarities. At the geopolitical level, however, the divergence between the two frameworks is not only significant but continues to widen. The paper concludes by examining the broader implications for global data governance and offering recommendations to bridge digital divides and promote a more inclusive international framework.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"59 ","pages":"Article 106208"},"PeriodicalIF":3.2,"publicationDate":"2025-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145158697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The digital prior restraint: Applying human rights safeguards to upload filters in the EU 数字先行约束：在欧盟应用人权保障上传过滤器

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-10-08 DOI: 10.1016/j.clsr.2025.106219

Emmanuel Vargas Penagos

引用次数: 0

Enhancing access to justice for land and property disputes through online dispute resolution and artificial intelligence 通过网络纠纷解决和人工智能，加强土地和财产纠纷的司法救助

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-09-10 DOI: 10.1016/j.clsr.2025.106194

Fahimeh Abedi, Abbas Rajabifard, Davood Shojaei

{"title":"Enhancing access to justice for land and property disputes through online dispute resolution and artificial intelligence","authors":"Fahimeh Abedi, Abbas Rajabifard, Davood Shojaei","doi":"10.1016/j.clsr.2025.106194","DOIUrl":"10.1016/j.clsr.2025.106194","url":null,"abstract":"<div><div>Land, as a fundamental resource, holds immense importance in meeting human needs and driving economic prosperity, but often becomes a focal point for disputes. Resolving these disputes poses challenges stemming from inadequate laws, complexities in land administration systems and limited judicial capacity. Recognising the importance of strong legal rights and efficient dispute resolution in fostering economic development, this paper explores the role of technology, specifically Online Dispute Resolution (ODR), in addressing land and property disputes and protecting land rights. ODR systems, have revolutionised traditional approaches to conflict resolution. ODR offers a novel and accessible method for resolving disputes, reducing costs, and eliminating the need for physical presence. The integration of Artificial Intelligence (AI) into ODR platforms further enhances these benefits by streamlining case management and improving decision-making processes. AI can analyse large volumes of data, predict outcomes, and offer insights that aid in dispute resolution. The widespread adoption of ODR platforms globally underscores its potential to enhance access to justice, while AI technologies promise to refine and expedite these systems. Through a comprehensive examination, this paper explores into the intricate landscape of land and property disputes, emphasising the significance of technology-driven solutions. The potential applications of AI-ODR in mitigating complexities associated with land disputes offer promising avenues for progress in ensuring accountable land governance, sustainable development, and the protection of human. This research aims to contribute to the ongoing discourse on advancing legal empowerment and access to justice, particularly in the area of land and property rights and disputes.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"59 ","pages":"Article 106194"},"PeriodicalIF":3.2,"publicationDate":"2025-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145027228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Anticipating compliance. An exploration of foresight initiatives in data protection 预期合规。数据保护前瞻性举措的探索

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-09-17 DOI: 10.1016/j.clsr.2025.106182

Alessandro Ortalda , Stefano Leucci , Gabriele Rizzo

{"title":"Anticipating compliance. An exploration of foresight initiatives in data protection","authors":"Alessandro Ortalda , Stefano Leucci , Gabriele Rizzo","doi":"10.1016/j.clsr.2025.106182","DOIUrl":"10.1016/j.clsr.2025.106182","url":null,"abstract":"<div><div>The pace of technological progress has been increasing in recent years. As novel technologies arise or existing ones further develop, it becomes increasingly challenging to balance leveraging these advancements and safeguarding personal data. By relying on firsthand accounts of professionals in the field, the paper identifies how these challenges, which appear to be applicable to data controllers and Data Protection Authorities, are substantially connected with ensuring a sound interpretation of the law through time.</div><div>The paper examines the leading foresight and anticipation techniques and explores their possible data protection applications by reviewing existing initiatives that attempt to implement foresight in the context of data protection.</div><div>Section 2 delves into the evolving regulatory landscape, emphasising the need for a foresight-based approach to tackle the complexities arising from data-intensive technologies and the changing European regulatory framework. Section 3 introduces foresight as a discipline, its history and evolution, and leading techniques. Section 4 presents practical examples of foresight in data protection, detailing initiatives by the authors and other actors in the data protection space.</div><div>In conclusion, the paper underscores the initial consensus on the benefits of anticipatory approaches in addressing current data protection challenges. Anticipation techniques, as a flexible concept, can be tailored to meet the needs of various stakeholders, fostering a collaborative and practical approach to data protection. However, a gap in consolidated methodologies persists, necessitating further research to design and implement practical foresight approaches.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"59 ","pages":"Article 106182"},"PeriodicalIF":3.2,"publicationDate":"2025-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145106347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Changing lenses on lenses –Function creep with public camera surveillance in the Netherlands? 镜头换镜头-荷兰公共摄像头监控的功能蠕变？

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-10-17 DOI: 10.1016/j.clsr.2025.106221

Nanou van Iersel , Francien Dechesne

引用次数: 0

Proposing ELDA methodology: Ethical and Legal by Design and Assessment for cybersecurity solutions 提出ELDA方法：网络安全解决方案的设计和评估的道德和法律

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-10-24 DOI: 10.1016/j.clsr.2025.106220

Federica Casarosa, Giovanni Comandé, Jacopo Fortuna

引用次数: 0

Law by design obligations: The future of regulating digital technologies in Europe? 设计义务法律：欧洲数字技术监管的未来？

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-11-24 DOI: 10.1016/j.clsr.2025.106232

Christian Djeffal

{"title":"Law by design obligations: The future of regulating digital technologies in Europe?","authors":"Christian Djeffal","doi":"10.1016/j.clsr.2025.106232","DOIUrl":"10.1016/j.clsr.2025.106232","url":null,"abstract":"<div><div>Law by design obligations refer to a growing, dynamic approach in European technology law. This article examines this trend by establishing a definition of law by design obligations based on three key elements: their focus on the creation and development of technologies throughout the lifecycle, their aim to incorporate and achieve legal goals in these processes, and the discretion they afford in complying with such obligations. The study shows an evolving practice with legal roots in 1970s data protection. Initially focused on data protection and security, such obligations have expanded to 45 design goals in European legislation. This growth in breadth and depth indicates their increased importance, which has not been previously examined. The analysis of regulatory practice uncovers significant choices that shape how these obligations function: this includes the legal scope defining applicability through various limitations and thresholds; goals establishing how principles serve as aims with different levels of detail and potential conflicts; procedural dimensions organizing iterative processes of assessment, measures, and proportionality; collective dimensions of knowledge governance enabling learning within and across organizations; and accountability dimensions ensuring compliance through documentation, specialized roles, and enforcement mechanisms. These choices demonstrate that law by design obligations are not fixed but highly adaptable regulatory instruments. Four structural elements set law by design apart from traditional regulation. Goal orientation links the translation of legal principles into socio-technical contexts, maintaining discretion for implementation. Stretched temporality extends regulatory influence through permanence across technology lifecycles, an accelerated pace of legal response, and a proactive approach. The interdisciplinary and cross-sectoral nature of the field encourages dialogue between law and technology. Finally, knowledge governance transforms isolated compliance efforts into collective learning systems.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"59 ","pages":"Article 106232"},"PeriodicalIF":3.2,"publicationDate":"2025-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145623492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

From data ownership to data sharing: a new property regime of commercial data in China 从数据所有权到数据共享：中国商业数据的新产权制度

IF 3.2 3区社会学

Computer Law & Security Review Pub Date : 2025-11-01 Epub Date: 2025-10-11 DOI: 10.1016/j.clsr.2025.106213

Wenjia ZHAO , Peicheng WU

{"title":"From data ownership to data sharing: a new property regime of commercial data in China","authors":"Wenjia ZHAO , Peicheng WU","doi":"10.1016/j.clsr.2025.106213","DOIUrl":"10.1016/j.clsr.2025.106213","url":null,"abstract":"<div><div>The substantial economic benefits embedded in commercial data have driven rapid development of related industries within China’s big data sector, while also triggering disputes over interests and benefits associated with commercial data. The current legal practice in China frequently apply intellectual property laws and anti-unfair competition laws to address conflicts concerning commercial data. However, this paper argues that comprehensive protection of commercial data can only be achieved by establishing a property rights regime — an approach explicitly endorsed in the 2022 policy document, <em>Opinions on Building the Data Basic Regime to Better Exploit the Value of Data Factors.</em> Due to the non-rivalrous and non-exclusive nature of commercial data, as well as the contributions from multiple parties to its creation, there are noticeable challenges in defining clear and enforceable boundaries of exclusive ownership over commercial data, i.e., through the traditional thing-ownership property model in establishing a property regime. Arguably, this paper proposes drawing on the U.S. “bundle of rights” model as a more flexible and context-dependent framework for addressing the construction of property rights for commercial data within the Chinese legal system.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"59 ","pages":"Article 106213"},"PeriodicalIF":3.2,"publicationDate":"2025-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145333103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0