Showing archive for: “Comparative Law & Trans-National Studies”
India Should Question Europe’s Digital-Regulation Strategy
A year after it was created by the Government of India’s Ministry of Corporate Affairs to examine the need for a separate law on competition in digital markets, India’s Committee on Digital Competition Law (CDCL) in February both published its report recommending adoption of such rules and submitted the draft Digital Competition Act (DCA), which ... India Should Question Europe’s Digital-Regulation Strategy
From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation
The European Union’s implementation of the Digital Markets Act (DMA), whose stated goal is to bring more “fairness” and “contestability” to digital markets, could offer some important regulatory lessons to those countries around the world that have been rushing to emulate the Old Continent. The first regards “regulatory humility.” Designing ex ante regulation to promote ... From Europe, with Love: Lessons in Regulatory Humility Following the DMA Implementation
The View from Turkey: A TOTM Q&A with Kerem Cem Sanli
How did you come to be interested in the regulation of digital markets? I am a full-time professor in competition law at Bilgi University in Istanbul. I first became interested in the application of competition law in digital markets when a PhD student of mine, Cihan Dogan, wrote his PhD thesis on the topic in ... The View from Turkey: A TOTM Q&A with Kerem Cem Sanli
Will the EU-U.S. Data Privacy Bridge Hold?
With the European Commission’s recent announcement that it had deemed the revamped data-protection framework from the United States to be “adequate” under the European Union’s stringent General Data Protection Regulation (GDPR), the stage is set for what promises to be a legal rollercoaster in the European Court of Justice (CJEU). The Commission’s decision is certain ... Will the EU-U.S. Data Privacy Bridge Hold?
No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill
What should a competition law for 21st century look like? This point is debated across many jurisdictions. The Digital Markets, Competition, and Consumers Bill (DMCC) would change UK competition law’s approach to large platforms. The bill’s core point is to place the UK Competition and Markets Authority’s (CMA) Digital Markets Unit (DMU) on a statutory footing with ... No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill
European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Under a draft “adequacy” decision unveiled today by the European Commission, data-privacy and security commitments made by the United States in an October executive order signed by President Joe Biden were found to comport with the EU’s General Data Protection Regulation (GDPR). If adopted, the decision would provide a legal basis for flows of personal ... European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows
Biden’s Data Flows Order: Does It Comport with EU Law?
European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.S. agencies’ surveillance practices. Awaited since March, when U.S. and EU officials reached an agreement in principle on a new framework, the order is intended to replace an earlier ... Biden’s Data Flows Order: Does It Comport with EU Law?
ADPPA Mimics GDPR’s Flaws, and Goes Further Still
Just three weeks after a draft version of the legislation was unveiled by congressional negotiators, the American Data Privacy and Protection Act (ADPPA) is heading to its first legislative markup, set for tomorrow morning before the U.S. House Energy and Commerce Committee’s Consumer Protection and Commerce Subcommittee. Though the bill’s legislative future remains uncertain, particularly ... ADPPA Mimics GDPR’s Flaws, and Goes Further Still
App Stores as Public Utilities?
In a new paper, Giuseppe Colangelo and Oscar Borgogno investigate whether antitrust policy is sufficiently flexible to keep up with the dynamics of digital app stores, and whether regulatory interventions are required in order to address their unique features. The authors summarize their findings in this blog post. App stores are at the forefront of ... App Stores as Public Utilities?
Irish Decision Will Raise Stakes to Resolve Transatlantic Data Trade
We can expect a decision very soon from the High Court of Ireland on last summer’s Irish Data Protection Commission (“IDPC”) decision that placed serious impediments in the transfer data across the Atlantic. That decision, coupled with the July 2020 Court of Justice of the European Union (“CJEU”) decision to invalidate the Privacy Shield agreement ... Irish Decision Will Raise Stakes to Resolve Transatlantic Data Trade
Privacy in the Time of Covid-19
I type these words while subject to a stay-at-home order issued by West Virginia Governor James C. Justice II. “To preserve public health and safety, and to ensure the healthcare system in West Virginia is capable of serving all citizens in need,” I am permitted to leave my home only for a limited and precisely ... Privacy in the Time of Covid-19
Why the Canadian Supreme Court’s Equustek decision is a good thing for freedom — even on the Internet
I recently published a piece in the Hill welcoming the Canadian Supreme Court’s decision in Google v. Equustek. In this post I expand (at length) upon my assessment of the case. In its decision, the Court upheld injunctive relief against Google, directing the company to avoid indexing websites offering the infringing goods in question, regardless ... Why the Canadian Supreme Court’s Equustek decision is a good thing for freedom — even on the Internet
