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The EU is committed to making the Single Market fit for the digital
age, by enhancing the protection of consumers and data subjects,
while providing businesses with the legal certainty they need to
invest in this field and support growth and innovation. In this
context, European Contract Law and the Digital Single Market, an
edited collection consisting of carefully selected contributions by
leading scholars, addresses the impact of digital technology on
European Private Law in light of the latest legislative
developments including the EU Regulation of 27 April 2016 on the
protection of natural persons with regard to the processing of
personal data and on free movement of such data, as well as the
European Commission's proposals of 9 December 2015 for a Directive
on the supply of digital content, for a Directive on online and
other distance sale of goods and for a Regulation on the
cross-border portability of online content services in the internal
market. The book analyses new and urgent issues in the field of
contract, data protection, copyright and private international law:
namely the EU approach to personal information as a tradeable
commodity and as the object of a fundamental right of the
individuals concerned, the protection of consumers' and users'
rights in contracts for the supply of digital content and on online
and other distance sales of goods, the cross-border portability of
online content services, the new features of standard contracts in
the digital market and the issues surrounding the emergence of the
so called platform economy.Written for both scholars and
practitioners, this edited collection provides clear answers to the
challenges posed by the digital revolution and acts as a solid
basis for further developments of EU law.
The purpose of the European directives on corporate law is to
enable businesses to be set up anywhere in the EU, to provide
protection for shareholders and other parties with a particular
interest in companies, to make business more efficient and
competitive, and to encourage businesses based in different EU
countries to co-operate with each other. This new Commentary on
Corporate Law provides an in-depth expert analysis of all legal
issues concerning the setting up and several other main issues
covered by EU corporate law.
Reading the Company Law Action Plan of the European Commission
(issued on 21 May 2003) it is impossible not to gain the impression
that European company law policy is focused on listed companies,
and that their efficiency will be enhanced, if possible, by means
of state competition, and only out of necessity by means of
harmonisation. The same is true of the new Action Plan on European
company law and corporate governance (issued on 12 December 2012).
This book adopts a different approach, based first of all on the
fact that throughout Europe only a small number of corporations are
listed at all - the reality of corporate law is dominated by small
and medium-size enterprises. Therefore legal standards pertaining
to control transactions or investor protection and other topics of
capital market law are not part of the core principles of corporate
law. The question is not how to protect best the interests of
shareholders but rather the interests of all parties affected by a
firm's activities, including its creditors and third parties. The
Treaty on the Functioning of the European Union reminds us not to
forget that, especially when drawing the attention of the
legislator to directives safeguarding "the protection of the
interests of members and others" (art. 50). This book focuses on
the perspective of key jurisdictions in continental Europe, such as
(in an alphabetical order) Austria, France, Germany, Italy, Spain,
Switzerland, while also analysing seminal developments in the
Netherlands, Portugal, and the Scandinavian countries.
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