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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Consumer law
Having control over personal data is regarded as a fundamental
right in the EU. Since the General Data Protection Regulation
(GDPR) became enforceable May 2018, old rights were strengthened,
and a range of new rights were introduced. How to navigate the
changing landscape of data subject rights under the GDPR framework
is the focal point of this volume. At the centre of this discussion
are five key rights: the right to information, the right to access,
the right to data portability, the right to be forgotten, and the
rights related to profiling (the right to object and the right not
to be subject to automated decision-making). With a focus on how
these fit into big data economies, this book gives practitioners
and activists the knowledge of how to pursue claims while also
pointing out inefficiencies where data subject rights are concerned
in a big data environment. As legal guidance slowly develops and
still appears fragmented, this volume tackles the gaps and provides
a thorough analysis of data subject rights under the new GDPR
framework and their legal operation.
The fourth edition of this established and highly-regarded work is
the most systematic study available of the law of sale of goods
with reference to UK and Commonwealth authorities and relevant UK
and EU legislation. A distinguishing feature of the work is the
depth of treatment of problem areas, providing clarity on the law.
It provides full coverage of content, interpretation and
performance issues relating to sale of goods agreements. The book
also addresses the relevant aspects of consumer law, as well as
issues such as recoverability of damages, currency and interest.
The work has been updated in its fourth edition to cover all recent
developments in caselaw, most notably The Supreme Court in PST
Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans)
[2016] UKSC 23 which has given rise to a new category of contract:
the sui generis supply contract, for which no statutory model yet
exists. Also examined in depth is the Consumer Rights Act 2015,
which has profoundly affected the structure of sales law and, in a
number of key instances, has also affected the substance of the
law. This work remains the leading work of scholarship and an
invaluable reference for all practitioners and scholars working in
the field.
The book provides a critical analysis of electronic alternatives to
documents used in the international sale of goods carried by sea,
including invoices, bills of lading, certificates of insurance, as
well as other documentation required under documentary credits, and
payment processing arrangements. It constitutes an in-depth
discussion of their legal status and the practices relating to
their use. The new edition examines recent developments in the
evolving digital transformation that is taking place in the field
of international trade. The book examines the commercial pressure
to move from paper to electronic data, and the new technologies and
relationships built for this purpose. This transition is ever
evolving and as such an understanding of the attendant legal
implications of the change is crucial. Analysis is provided on the
adoption by UNCITRAL of its Model Law on Electronic Transferable
Records, the author having been involved first hand in its drafting
as a delegate and observer in UNCITRAL Working Group IV, and on the
Uniform Rules on Bank Payment Obligations (URBPO). The book
considers the practical workings and legal underpinnings of new
electronic bill of lading platforms such as e-Title and Placing
Platform Limited and of pilot projects such as Wave BL, Marco Polo
and Voltron. It also examines the legal implications of proposed
uses of new technologies such as distributed ledger technologies
(DLT) (including blockchain), Internet of Things (IoT) and smart
contracts. This book provides a complete and practical analysis of
e-documents in cross-border business contracts for goods carried by
sea. It examines recent trends in practice and assesses the ability
of electronic alternatives to achieve legal functions performed by
the paper documents they replace.
This book examines how regulatory and liability mechanisms have
impacted upon product safety decisions in the pharmaceutical and
medical devices sectors in Europe, the USA and beyond since the
1950s. Thirty-five case studies illustrate the interplay between
the regulatory regimes and litigation. Observations from medical
practice have been the overwhelming means of identifying
post-marketing safety issues. Drug and device safety decisions have
increasingly been taken by public regulators and companies within
the framework of the comprehensive regulatory structure that has
developed since the 1960s. In general, product liability cases have
not identified or defined safety issues, and function merely as
compensation mechanisms. This is unsurprising as the thresholds for
these two systems differ considerably; regulatory action can be
triggered by the possibility that a product might be harmful,
whereas establishing liability in litigation requires proving that
the product was actually harmful. As litigation normally post-dates
regulatory implementation, the 'private enforcement' of public law
has generally not occurred in these sectors. This has profound
implications for the design of sectoral regulatory and liability
regimes, including associated features such as extended liability
law, class actions and contingency fees. This book forms a major
contribution to the academic debate on the comparative utility of
regulatory and liability systems, on public versus private
enforcement, and on mechanisms of behaviour control.
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