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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Communications law
The winner of the 2020 British Insurance Law Association Book
Prize, this timely, expertly written book looks at the legal impact
that the use of 'Big Data' will have on the provision - and
substantive law - of insurance. Insurance companies are set to
become some of the biggest consumers of big data which will enable
them to profile prospective individual insureds at an increasingly
granular level. More particularly, the book explores how: (i)
insurers gain access to information relevant to assessing risk
and/or the pricing of premiums; (ii) the impact which that
increased information will have on substantive insurance law (and
in particular duties of good faith disclosure and fair presentation
of risk); and (iii) the impact that insurers' new knowledge may
have on individual and group access to insurance. This raises
several consequential legal questions: (i) To what extent is the
use of big data analytics to profile risk compatible (at least in
the EU) with the General Data Protection Regulation? (ii) Does
insurers' ability to parse vast quantities of individual data about
insureds invert the information asymmetry that has historically
existed between insured and insurer such as to breathe life into
insurers' duty of good faith disclosure? And (iii) by what means
might legal challenges be brought against insurers both in relation
to the use of big data and the consequences it may have on access
to cover? Written by a leading expert in the field, this book will
both stimulate further debate and operate as a reference text for
academics and practitioners who are faced with emerging legal
problems arising from the increasing opportunities that big data
offers to the insurance industry.
This fifth volume from the Munster Colloquia on EU Law and the
Digital Economy focuses on one of the most important challenges
faced by private law in this era of digitalisation: the effects of
'data as counter-performance' on contract law; a phenomenon
acknowledged by the EU legislator in the new Digital Content
Directive 2019/770. In the book, legal experts from across Europe
examine various issues, in particular contract performance and
restitution and the relationship between contract law and data
protection.
Digital preservation has become culturally, as well as
economically, indispensable. The preserving of business processes
is an emerging challenge for each company, regardless of industry
sector and size. This book focuses on the legal aspects of digital
preservation and offers legal guidance in that area.This important
book illustrates the implications of preservation actions on
intellectual property rights and data protection. These can
include: potential violation of data protection laws through the
storage of personal data, and potential infringement of a
copyright-holder's exclusive right to reproduce and store their
copyright protected data. The book considers the scope of
protection under both IP rights and data protection, and offers
strategies on avoiding potential infringement. Further IT
contracting issues and selected existing legal obligations to
preserve data are described with a particular emphasis on digital
preservation. The clear exposition of the legal framework, and the
detailed analysis of Legal Aspects of Digital Preservation will be
of great utility to practitioner advising companies who are
digitally preserving business processes, as well as those companies
themselves, developers of preservation systems, and researchers in
the field of digital archiving. Contents: Foreword 1. Introduction
2. Legal Aspects of Digital Preservation 3. Copyrights 4. Data
Protection 5. Legal Obligations to Preserve Data 6. IT Contracting
Bibliography Index
The second edition of this highly recommended work addresses the
interaction between conflict of laws, dispute resolution,
electronic commerce and consumer contracts. In addition it
identifies specific difficulties that conflicts lawyers and
consumer lawyers encounter in electronic commerce and proposes
original approaches to balance the conflict of interest between
consumers' access to justice and business efficiency. The European
Union has played a leading role in this area of law and its
initiatives are fully explored. It pays particular attention to the
most recent development in collective redress and
alternative/online dispute resolution. By adopting multiple
research methods, including a comparative study of the EU and US
approach; historical analysis of protective conflict of laws;
doctrinal analysis of legal provisions and economic analysis of
law, it provides the most comprehensive examination of frameworks
in cross-border consumer contracts.
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