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This book examines the role of the EU in ensuring privacy and data
protection on the internet. It describes and demonstrates the
importance of privacy and data protection for our democracies and
how the enjoyment of these rights is challenged by, particularly,
big data and mass surveillance. The book takes the perspective of
the EU mandate under Article 16 TFEU. It analyses the contributions
of the specific actors and roles within the EU framework: the
judiciary, the EU legislator, the independent supervisory
authorities, the cooperation mechanisms of these authorities, as
well as the EU as actor in the external domain. Article 16 TFEU
enables the Court of the Justice of the EU to play its role as
constitutional court and to set high standards for fundamental
rights protection. It obliges the European Parliament and the
Council to lay down legislation that encompasses all processing of
personal data. It confirms control by independent supervisory
authorities as an essential element of data protection and it gives
the EU a strong mandate to act in the global arena. The analysis
shows that EU powers can be successfully used in a legitimate and
effective manner and that this subject could be a success story for
the EU, in times of widespread euroskepsis. It demonstrates that
the Member States remain important players in ensuring privacy and
data protection. In order to be a success story, the key
stakeholders should be prepared to go the extra mile, so it is
argued in the book. The book is based on academic research for
which the author received a double doctorate at the University of
Amsterdam and the Vrije Universiteit Brussels. It builds on a long
inside experience within the European institutions, as well as
within the community of data protection and data protection
authorities. It is a must read in a time where the setting of EU
privacy and data protection is changing dramatically, not only as a
result of the rapidly evolving information society, but also
because of important legal developments such as the entry into
force of the General Data Protection Regulation. This book will
appeal to all those who are in some way involved in making this
regulation work. It will also appeal to people interested in the
institutional framework of the European Union and in the role of
the Union of promoting fundamental rights, also in the wider world.
This book examines the role of the EU in ensuring privacy and data
protection on the internet. It describes and demonstrates the
importance of privacy and data protection for our democracies and
how the enjoyment of these rights is challenged by, particularly,
big data and mass surveillance. The book takes the perspective of
the EU mandate under Article 16 TFEU. It analyses the contributions
of the specific actors and roles within the EU framework: the
judiciary, the EU legislator, the independent supervisory
authorities, the cooperation mechanisms of these authorities, as
well as the EU as actor in the external domain. Article 16 TFEU
enables the Court of the Justice of the EU to play its role as
constitutional court and to set high standards for fundamental
rights protection. It obliges the European Parliament and the
Council to lay down legislation that encompasses all processing of
personal data. It confirms control by independent supervisory
authorities as an essential element of data protection and it gives
the EU a strong mandate to act in the global arena. The analysis
shows that EU powers can be successfully used in a legitimate and
effective manner and that this subject could be a success story for
the EU, in times of widespread euroskepsis. It demonstrates that
the Member States remain important players in ensuring privacy and
data protection. In order to be a success story, the key
stakeholders should be prepared to go the extra mile, so it is
argued in the book. The book is based on academic research for
which the author received a double doctorate at the University of
Amsterdam and the Vrije Universiteit Brussels. It builds on a long
inside experience within the European institutions, as well as
within the community of data protection and data protection
authorities. It is a must read in a time where the setting of EU
privacy and data protection is changing dramatically, not only as a
result of the rapidly evolving information society, but also
because of important legal developments such as the entry into
force of the General Data Protection Regulation. This book will
appeal to all those who are in some way involved in making this
regulation work. It will also appeal to people interested in the
institutional framework of the European Union and in the role of
the Union of promoting fundamental rights, also in the wider world.
Legal problems abound in the information society. Electronic
commerce, copyright, privacy, illegal and harmful content, taxes,
wiretapping governments face an enormous challenge to meet the
advent of the Internet and ICT with a flexible, up-to-date, and
adequate legal framework. Yet one aspect makes this challenge even
more daunting: internationalization. Law is still to a great extent
based on nation states, but the information society is above all a
borderless and global society. Territoriality and national
sovereignty clash with the need for a global approach to address
ICT-law issues. Should states leave everything to the global
market, or should they intervene to protect vital national
interests? If they create regulations, should these reflect the
rules of the physical world? How can one enforce national rules in
a world where acts take place somewhere in Cyberspace? This text
presents the positions on these issues of the governments of the
Netherlands, Germany, France, the UK, and the US, as well as of
international organisations. How do they think about co-regulation,
law enforcement, harmonization, international co-operation, and
alternative dispute resolution? How do they deal with applicable
law and online contracts, privacy, international liability of
Internet providers, and electronic signatures? What are the
implications of the European Electronic Commerce Directive and the
draft Crime in Cyberspace convention? Any legal framework that is
to fit the global information society must take into account
internationalization. This volume shows to what extent governments
are meeting this challenge.
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