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Camilla Crea, Alberto De Franceschi - The New Shapes of Digital Vulnerability in European Private Law

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Camilla Crea (ed.), Alberto De Franceschi (ed.)

The New Shapes of Digital Vulnerability in European Private Law

2024

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Catalina Goanta, Giovanni de Gregorio, Jerry Spanakis Consumer Protection and Digital Vulnerability: Common and Diverging Paths S. 31-52

„… debate through judicial interpretations of European consumer protectionTraditionally, European consumer …” „… PART IDigital Vulnerability as a Paradigm for Consumer LawConsumer Protection and Digital …” „… protection, such as the idealised and stereotyped consumer personas introduced by the Unfair Commercial …”

Mateusz Grochowski Digital Vulnerability in a Post-Consumer Society. Subverting Paradigms? S. 201-226

„… digital vulnerability1 has recently been playing pivotal role in the EU discourse on consumer protection …” „… information economy’, in: Helberger et al., EU Consumer Protection 2.0. Structural asymmetries in digital …” „… Act)9 further amplified this problem, posing a threat of splitting consumer protection online into two …”

Federica Casarosa, Hans-W. Micklitz Addressing Vulnerabilities in Online Dispute Resolution S. 351-380

„… . (2017) The New Handshake: Online Dispute Resolution and the Future of Consumer Protection. American Bar …” „… better enforcement and modernisation of Union consumer protection rules (Text with EEA relevance) OJ L …” „… of a “high level of consumer protection in Art. 38 of the Charter (Art. 34 (1) b) DSA)” more …”

Emilia Mišćenić Information, Transparency and Fairness for Consumers in the Digital Environment S. 89-126

„… Development of EU Consumer Protection Law’ in Miscenic and Raccah (eds), Legal Risks in EU Law …” „… , EU Consumer Protection 2.0, Structural asymmetries in digital consumer markets, BEUC (2021).89 …” „… European Commission EU-wide screening (‘sweep’), Online shopping: Commission and Consumer Protection …”

Piotr Tereszkiewicz, Katarzyna Południak-Gierz, Patryk Walczak The Digital Vulnerability of Insurance Consumers and Personalised Pricing of Insurance Products S. 383-412

„… Market and Consumer Protection, Policy Department for Economic, Scientific and Quality of Life Policies …” „… protection 2.0, structural asymmetries in digital consumer markets (2021 …” „… ) consumer_protection_2.0.pdf>, 102; Południak-Gierz and Tereszkiewicz (n 1), 34 …”

Reiner Schulze Digital Vulnerability in European Private Law – Conclusions S. 521-536

„… – pointedly put: user protection instead of consumer protection.Numerous recent research studies and …” „… grounds of gender or origin; appropriate social protection including protection of workers; consumer …” „… protection (through a variety of legal acts such as the Unfair Terms Directive11 and the Consumer Rights …”

Irina Domurath Digital Vulnerability as a Power Relation: Hyper- and Hypo-Autonomy and Why Thick Privacy Matters S. 227-258

„… standardized protection, including the taking-into-account of collateral damage for non-average-consumers.9 …” „… research argues that the reasonable circumspect consumer as a standard for protection under EU Law is …” „… Wilhelmsson, supra note 13, 27 et sub.16 Natali Helberger et al., EU Consumer Protection 2.0: Structural …”

Jura Golub Digital Vulnerability of Consumers in the World of Smart Contracts – Is European Private International Law “Digitalised” Enough? S. 293-324

„… Digital Platforms (CUP 2019), 292-293.8 BEUC, EU consumer protection 2.0: Structural asymmetries in …” „… jurisdiction and conflict-of-law protection for consumers as the weaker party. Finally, the conclusion will …” „… , ELI Principles on Blockchain Technology, Smart Contracts and Consumer Protection (Report, 2023), 23.19 …”

Shabahang Arian Vulnerability in the Age of Metaverse and Protection of the Rights of Users Under EU Law S. 169-198

„… Protection of the Rights of Users Under EU Law 173more likely that consumers will engage with a brand when …” „… Arian180E. Protection of users in the metaverse under EU lawNevertheless, the vulnerability of consumers …” „… Consumer Policy, 40(3), 347–366.Vulnerability in the Age of Metaverse and Protection of the Rights of Users …”

Fabrizio Esposito Investigating Digital Vulnerability with Theories of Harms: A Methodological Proposal with Three Illustrations S. 53-88

„… goal of market building has overshadowed the protection of vulnerable consumers. The Commission has …” „… benefit from the herd protection offered by the interaction between more autonomous consumers and traders …” „… theories of harmin EU consumer law. As penalties for consumer protection breaches could escalate to 4% of …”

Oreste Pollicino Vulnerability in the Digital Age S. 25-28

„… them.In the chapter by Goanta, De Gregorio, and Spanakis, Consumer Protection and Digital Vulnerability …” „… case studies, calling for a system-level rethinking of European consumer protection law to address …” „… protection to ensure that consumers, as the weaker party, are not unduly disadvantaged in these digital …”

Niti Chatterjee, Gianclaudio Malgieri The Metaverse and Consumers’ Vulnerabilities S. 145-168

„… Metaverse and Consumers’ Vulnerabilities 155salizing everyone as deserving of special protections could also …” „… ConsumptionVulnerability holds conceptual significance in consumer protection. Globally, safeguarding vulnerable consumers …” „… Nations Guidelines for Consumer Protection’ (UNCTAD 2016) UNCTAD/DITC/CPLP/MISC/2016/1.73 Elena Agibalova …”

Frank Pasquale Enforcing and Expanding Legal Protections for Vulnerable Subjects S. 21-24

„… that consumer protection laws must move beyond a purely economic focus, to address non-economic …” „… Expanding Legal Protections for Vulnerable Subjects23ing). Grochowski observes that “EU consumer law has …” „… legal academic consideration of the proper scope and force of consumer protection law.This volume …”

Teresa Rodríguez de las Heras Ballell Digital Vulnerability and the Formulation of Harmonised Rules for Algorithmic Contracts: A Two-Sided Interplay S. 259-292

„… Algorithmic Contracts) which has started analysing European consumer protection law to assess its adequacy and …” „… harmonization discourse, anchored in consumer-protection considerations that fall outside the remit of ‘uniform …” „… consumer protection acquis conducted as a first result of the Project.16As explained above, the notion of …”

Authors’ profiles S. 9-16

„… information in consumer contracting, the protection of consumer data and internet users, private regulation in …” „… , the protection of weaker market participants, and the comparative study of US-EU consumer protection …” „… consumer protection, she has been awarded by the Croatian National Science Award, the Award of the …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Protections for Vulnerable Subjects 21Oreste PollicinoVulnerability in the Digital Age 25Digital Vulnerability …” „… as a Paradigm for Consumer LawPART ICatalina Goanta, Giovanni de Gregorio, Jerry SpanakisConsumer …” „… Protection and Digital Vulnerability: Common and Diverging Paths 31Fabrizio EspositoInvestigating Digital …”

Alessandra Pera, Sara Rigazio Let the Children Play. Smart Toys and Child Vulnerability S. 413-438

„… , quintessentially targeted at children-consumers of this age range. In particular, through the analysis of two case …” „… from the European Commission in the matter of vulnerable consumers, where an evident change toward a …” „… Commission recalls “that consumer vulnerability is situational, meaning that a consumer can be vulnerable in …”

Mateja Durovic, Eleni Kaprou The New Concept of Digital Vulnerability and the European Rules on Unfair Commercial Practices S. 127-144

„… vulnerability into account within the existing framework and enhance consumer protection.The chapter adopts an …” „… agendas.In the contemporary digital economy, the consumer protection regulatory framework needs, on the one …” „… commercial practices. The European Union is a global leader both in consumer protection, as well as in the …”

Gérardine Goh Escolar Addressing Digital Vulnerability Through Private International Law S. 325-350

„… , Governance of Artificial Intelligence in the European Union: What Place for Consumer Protection?, (Bruylant …” „… has thus far been on consumer privacy and the protection of personally identifiable data,105 PIL …” „… protection of the rights of individuals, groups, businesses and communities begins with the question as to …”

Camilla Crea, Alberto De Franceschi ‘Digital Vulnerability in European Private Law’ – Towards Digital Fairness S. 17-18

„… parties (such as rules on incapacity, consumer protection, data protection, anti-discrimination and …” „… digital vulnerability, by exploring how it stands vis-à-vis traditional paradigms of protection of weaker …” „… special legal protection. The European legal framework is notably seeking to act as a standard setter in …”

Isabelle Wildhaber, Isabel Laura Ebert From Digital Vulnerability to Data Anxiety: The Situation of Employees in Digitally Permeated Workplaces S. 469-498

„… human rights-based approach to employee privacy protection'.From Digital Vulnerability to Data Anxiety …” „… might be translated into claims for special legal protection at work. Employees have always been …” „… , or salaries) and new data (e.g., social media activity logs, sensor data, consumer data from GPS or …”

Denise Amram Standards to Face Children and Patients Digital Vulnerabilities S. 439-468

„… relationships impacts on the mechanisms for fundamental rights protection, enforcement, and empowerment. This is …” „… protection of natural persons with regard ft he processing of personal data and on the free movement of such …” „… data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance …”

doi.org/10.5771/9783748940913

Jörg Philipp Terhechte - OPEC und europäisches Wettbewerbsrecht

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Jörg Philipp Terhechte

OPEC und europäisches Wettbewerbsrecht

2008

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Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 (Auszug) S. 159-160

„… Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 159Anhang 5: Renewable …” „… Fuels, Consumer Protection, and Energy Efficiency Act of 2007 (Auszug)Sec. 710. No Oil Producing and …”

The NOPEC Legislation of 2007 S. 120-121

„… the Senate on June21, 2007 as part of the »Renewable Fuels, Consumer Protection, and Energy Efficiency …”

Verzeichnis der Rechtsgrundlagen S. 19-22

„… Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 …”

Previous Cases S. 118-120

„… Senate on June21, 2007 as part of the »Renewable Fuels, Consumer Protection, and Energy Efficiency Act …”

Titelei/Inhaltsverzeichnis S. 2-14

„… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157Anhang 5: Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 (Auszug …”

doi.org/10.5771/9783845207278

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Udo Reifner

Using Money

Series: Schriften des Instituts für Finanzdienstleistungen e.V.

Volume 13 2007

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Has Consumer Protection in Financial Services failed in the EU? S. 133-134

„… Consumer Protection in Financial Services failed in the EU? 2003 ended with the first refusal by the EU in …” „… our history of research work. The financial services and consumer protection division, now re-named …” „… German consumer protection, which was linked with names like Scherhorn, Reich, Tonner and Micklitz, as …”

“Perfection of Life or of Work?” S. 90-91

„… . “Perfection of Life or of Work?” 1999 starts with a new philosophy on consumer protection in financial service …” „… understand as consumer protection and the social responsibility of banks. The Commission’s new programme for …” „… consumer protection in financial services emphasises education of the consumer, his or her need to …”

Against Social Discrimination S. 45-46

„… 45 In its study of Consumer Protection Regulations against Overindebtedness in 15 European …” „… Countries, iff compiled a picture of the continental European heritage of social consumer protection for the …” „… law leading the way. Mortgages and consumer credit are increasingly being afforded the same protection …”

Money as a Security S. 49-59

„… . Financial services play a central role in this Utopia. As well as consumer protection on the demand side …” „… , (protection of freedom of choice through provision of information to consumers) and protection of investors …” „… (protection of real income through social consumer protection), protection of the process of consumption …”

Armatya Sen and the American Economy S. 91-92

„… 91 Amsterdam treaty which expressly declares EU level consumer protection to be minimum standard …” „… forget about past projects to increase preventive social consumer protection for example, with minimum …” „… social consumer protection has been described at our Strasbourg conference promise only advantages or …”

Expertises and Projects S. 144-146

„… Consumer Redress: The Use of Consumer Protection Law in Out- of- Court Dispute Resolution; Group actions …” „… Bank Standard Contract Terms and EEC-Consumer Protection Law Methods of Calculation in the European …” „… Commission DG Health and Consumer Protection European Commission DG Social Policy European Commission DG …”

Berlemont: The 26<sup>th</sup> state of the EU? S. 46-47

„… dominate the Brussels stage. Lawyers have been replaced by economists, GD Consumer Protection and Social …” „… lenders. “Consumer protection” (singular) is replace by “consumer advantages” (plural). Consumers no …” „… financial services policy-making, GD Consumer Protection has withdrawn from this area, and closed down the …”

Financial exclusion in Modern Societies S. 82-90

„… not exactly what we understand as consumer protection and the social responsibility of banks. The …” „… Commission’s new programme for consumer protection in financial services emphasises education of the consumer …” „… credit card Directive, the banking unit answers questions on consumer protection in the parliament and …”

Jurisprudence and Morals S. 44-45

„… Bundesgerichtshof 1981 p.1206 45 In its study of Consumer Protection Regulations against Overindebtedness in 15 …” „… law leading the way. Mortgages and consumer credit are increasingly being afforded the same protection …” „… legislation or the law on undue influence contained in Art. L 123-8 of the French Consumer Law, or at Common …”

Public Interest Organisations S. 122-124

„… . This is the first time in the history of consumer protection that private financial services providers …” „… consumer protection standard being sacrificed for the single market. "Money advice" and debt counselling …” „… 122 Association not to mention all those consumer and other social organisations that have already …”

Iff Publications S. 121-122

„… consumer protection seems to be situated. Iff Publications The IFF book series at Nomos Publisher is now …” „… Coburg Insurer. This is the first time in the history of consumer protection that private financial …” „… all consumer areas. You will find all this information on our new Internet-page which gives a …”

“Export Finance for Engineers“ S. 141-142

„… consumer protection in relation to financial services in the areas of the law, business and NGOs …” „… , we have succeeded in establishing a financial services and consumer protection division within the …” „… the tradition, which secured HWP as a forerunner in the area of consumer protection with …”

Financial Literacy and Prevention of Over-Indebtedness S. 131-133

„… structure of products, thus supporting the process of mutual development. Has Consumer Protection in …” „… work. The financial services and consumer protection division, now re-named Law and Economic Interests …” „… Draft Consumer Credit Directive (Federation of German Consumer Associations). We also published three …”

International Challenge S. 115-117

„… to consumer credit. We are presently conducting a study on the danger inherent in the new form of …” „… about the high interest rates of the related credit and data protection problems. According to the …” „… and knowledge. Consumer orientation was one of the issues of our seminars with savings banks, coop …”

Current International Projects 2007 S. 146

„… Services, Consumers and Small Business Early Repayment Fees in Europe – Comparative Study 2006 Responsible …” „… International Projects 2007 CCN (Consumer Citizen Network - Sokrates/ Erasmus) E-CONS (Consumer Education …” „… Commission - Cross Border Selling Directive / Study European Consumer Debt Net EuSoCo European Contract Law …”

Principals (International Organisations) S. 146

International Coalition Building S. 140-141

„… main subjects are the international coordination of social responsibility and consumer protection in …” „… Italian consumer association thought that we were too friendly towards the banks. We seek to translate …” „… , consumer organisations, social initiatives, policy makers and alternative financial institutions at 10 …”

“Creditworthy Lenders” S. 35-38

„… 12 2006 Memorandum, “Consumer Protection and Consumer Choice” 37 harmonisation, or total …” „… . In making payments, the ordinary consumer also relies on his income being conveyed in accordance with …” „… consumers, demonstrating that they are trustworthy despite the most lamentable circumstances. Credit fraud …”

Cooperation with the University of Hamburg S. 142-143

„… are delighted that the tradition, which secured HWP as a forerunner in the area of consumer protection …” „… 142 and money, needs and products; support for advisers in consumer advice centres and money …” „… Economic and Social Sciences, we have succeeded in establishing a financial services and consumer …”

“Consumers and the Law“ S. 136-137

„… financial aspects of consumer protection, the objectives of regulation, information principles, advice and …” „… . Among them were applications for an Internet portal on financial services and consumer law, which …” „… Consumer Affairs) in mid 2004 and hope to publish it in the course of 2005. At the same time, we developed …”

Discrimination of Asocial Conduct creates Social Behaviour S. 70-71

„… , consumer protection and sanctions against unacceptable market mechanisms have their part to play, as does …” „… start-ups, rent funds, and reverse mortgages to release equity tied up in real estate to consumers, shared …” „… latent power of consumers and legislators, of state intervention in the 71 form of subsidies and of the …”

Fewer EU Tenders – Many Project Applications S. 135-136

„… financial aspects of consumer protection, the objectives of regulation, information principles, advice and …” „… financial service providers wanting us to test their products, who are curious about consumer …” „… enable critical co-existence of consumers and banks in constructing the future or who seek new ideas and …”

Our Services S. 137-138

„… difficult year for all of us at iff. Invitations to make public tenders in the area of consumer protection …” „… ), were also very positive. Our Services Our calculation service for consumers and lawyers was extended …” „… (District Court – ‘LG’) concerning pre-payment indemnity. Our finanzcheck has provided consumer centres with …”

English Publications (only books) S. 144

„… Consumer Redress: The Use of Consumer Protection Law in Out- of- Court Dispute Resolution; Group actions …” „… and the defence of the consumer interest in the European Community 1990 Logiciel de conseils en …” „… (amended by 90/88) on Consumer Credit in the member states : Consumer Credit in Germany …”

The Market as Focus S. 71-72

„… develop a ghetto economy. In this context, consumer protection and sanctions against unacceptable market …” „… of small business finance, consumer protection and general financial literacy, which we hope will …” „… unwaged parents are excluded and thus derive no benefit. Social and collective consumer protection is not …”

“Internal Ethics” – “External Ethics” S. 23-27

„… people. It also fits in with the aim to reduce national consumer and debtor protection in the credit …” „… consumer protection and hence internal ethics harms the poor. The alternative sector and aggressive lending …” „… sciences the insight into the true living conditions is not yet what European policies are about. Consumer …”

More Openness in the Banking Sector S. 141

„… consumer protection in relation to financial services in the areas of the law, business and NGOs …” „… opinion. We are also working on breathing new life into the social science of consumer research. More …” „… carry out its specialist work as an intermediary between consumers and financial interests in creative …”

Introduction S. 11-15

„… action research project on ‘New forms of consumer legal aid’ following on from the desire to continue its …” „… School of Economics and Politics in Hamburg and the Consumer Central of Hamburg tried to implement the …” „… findings of a previous empirical survey on legal problems, using the solutions from research into consumer …”

Outlook for the year 2007 S. 142

Titelei/Inhaltsverzeichnis S. 2-10

„… the general development of consumer protection in financial services in Germany in the more classic …” „… Services” 119 1999 – Customer Focus and Consumer Orientation: New Areas of iff Activity 120 Social …” „… Successfully completed Projects 130 Financial Literacy and Prevention of Over-Indebtedness 131 Has Consumer …”

Expansion of the FIS-Database S. 118-119

„… equally proposed to DG XXIII. Regarding the multitude of failed data bases in consumer protection and …” „… sets covering legal and factual information on all issues that especially relate to consumer and client …” „… of data relating to the Euro (legal, economic, consumer advice, newspaper articles etc.) is concerned …”

“Community Responsibility in Financial Services” S. 113-115

„… fighting financial service providers together with consumer associations (1987-1994); to an independent …” „… the forth EU-conference on financial services and consumers. Its title is „The European Monetary Union …” „… year different kind of organisations from development organisations to consumer and welfare …”

Social Investment and Small Business Financing S. 120-121

„… consumer protection seems to be situated. Iff Publications The IFF book series at Nomos Publisher is now …” „… 120 1999 – Customer Focus and Consumer Orientation: New Areas of iff Activity Especially with its …” „… providers. This includes not only consumer organisations but also banks, insurance companies and other …”

Usury: Thresholds and Prohibition S. 47-49

„… consumers. The 26th state would then have made a lethal copy of the structure of transnational corporations …” „… , with their deployment of managers, for whom the cultural diversity of consumer desires and national …” „… overthrew Nazi- Germany and its ruling cartels, forced the “protection from abuse of economic power”. Usury …”

iff as a Small Business with Big Radiation – Some Figures S. 134-135

„… Hamburg University. The birthplace of German consumer protection, which was linked with names like …” „… for the Verbraucherministerium (German Ministry of Consumer Affairs). In the Product and Services …” „… Scherhorn, Reich, Tonner and Micklitz, as well as the magazine Consumer and the Law, which we are publishing …”

Göteborg conference: “Access to Financial Services” S. 119-120

„… failed data bases in consumer protection and social investment all parties should think twice before they …” „… it will seek to bring together researchers, consumer organisations, debt advice organisations, trade …” „… precisely about exactly this issue. 120 1999 – Customer Focus and Consumer Orientation: New Areas of iff …”

A Year of Auditors and Authorities S. 138-139

„… all of us at iff. Invitations to make public tenders in the area of consumer protection and socially …” „… SANCO indicated that consumer-based institutions could not be given any further commissions because they …” „… consumers and the economy, or production of an acrossthe-board e-learning system on consumer law and …”

Successfully completed Projects S. 130-131

„… organisational anchorage of the subject areas we target, such as retail banking/ consumer protection, building …” „… ), Alternative Draft Consumer Credit Directive (Federation of German Consumer Associations). We also published …” „… concept of education as the development of a learning process between finance and consumers more …”

European Cooperation S. 71

1995 – Rationalisation and Supply S. 111-112

„… consumer protection we invested much of our time and effort in 1995 into what our English and American …” „… in general even led to the conclusion that the reference in our name to „consumer protection“ would …”

Time-Management at iff S. 129-130

„… organisational anchorage of the subject areas we target, such as retail banking/ consumer protection, building …” „… educational purposes, immigrants and the potential for education in consumers’ and social organisations across …” „… und Recht (Consumers and the Law), we have developed a new structure and additional contents in …”

Facilitating Self-determined and Effective Consumption S. 59-61

„… 59 sumer organisations and data protection agencies, succeeded in making the Bundesbahn back down …” „… . But Citibank is not just anyone. It distinguishes between customers and consumer organisations, and …” „… bodies understand that protection against usury, cheating, discrimination and deception is an expression …”

Market and Justice S. 40-41

„… be independent of business. Consumer protection and social concern are thus important and valuable …” „… . There is consumer protection, which achieves its objectives inefficiently. This is where the economic …”

Using Money rather than Having it S. 28-32

„… sub-heading was “speaking together, learning from each other”. Our aim was that consumer advisers, money …” „… consumers, for whom loans makes it possible to earn an 29 income. This ideology goes back to the patriarchal …” „… not, however, take the form of disregard for privacy, data protection, readiness to take risk, and …”

A unified Market S. 98-99

„… and smart cards will give access to banks for consumer wherever they are in the world and whenever …” „… banks. The new 99 symbol for the unified Annual Percentage Rate in consumer credit will be the starting …” „… currencies have until now been also a protection for the weaker countries which in a single currency market …”

Ghetto Economy in the US S. 75-78

„… . Access or quality has become the main excuse formula for not implementing social consumer protection into …” „… solidarian private economy by itself. But disclosure does not replace protection. For all those who have …” „… followed the consumer movement from the sixties of last century to today this insight is trivial. Only …”

Money is a Scarce Good. S. 99-100

„… 99 symbol for the unified Annual Percentage Rate in consumer credit will be the starting point of a …” „… have until now been also a protection for the weaker countries which in a single currency market had to …” „… directive 89/646/EEC from December 15, 1989 prohibits all kind of nationalist protection for the own …”

iff as Organisational Concept S. 130

„… organisational anchorage of the subject areas we target, such as retail banking/ consumer protection, building …”

Competition and Responsibility S. 39-40

„… justice is the objective, the law must be independent of business. Consumer protection and social concern …”

Re-feudalisation of the Economy S. 41-42

„… important as a control mechanism. There is consumer protection, which achieves its objectives inefficiently …”

Money is an Irrigation System S. 101-102

„… rice fields farmers need to pump water into higher areas while lower ones need the protection from …” „… the biggest European insurance company Alliance who gets credit on a zero level while consumer credit …”

No Capital – no Demand S. 72-75

„… and thus derive no benefit. Social and collective consumer protection is not taken into account. This …”

doi.org/10.5771/9783845204529

Robert Grzeszczak - Economic Freedom and Market Regulation

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Robert Grzeszczak (ed.)

Economic Freedom and Market Regulation

Series: German and European Studies of the Willy Brandt Center at the Wroclaw University

Volume 10 2020

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Tomasz Klemt Chapter 10: Financial market – in search of optimal consumer (customer) protection S. 231-248

„… ‐ petences and the subject of consumer protection, with one of them stating that "client protectionism is a …” „… Financial market – in search of optimal consumer (customer) protection Tomasz Klemt Key words: EU …” „… concerning the paradigm shift in consumer (customer) protection in the fi‐ nancial market that forms a part …”

Artur Szmigielski Chapter 11: The open-textured nature of anticompetitive practices – in the quest for reconciling legal certainty with effectiveness of EU competition law in the digital markets S. 249-284

„… enforcement for any type of law such as consumer law or data protection. However, the CJEU has made clear that …” „… relationship between compe‐ tition law, consumer law and data protection law. Competition law is not intended …” „… . (2019a), ‘The Interaction of EU Competition, Consumer, and Data Protection Law in the Digital Economy …”

Michał Dorociak Chapter 4: Regulatory authorities’ interference in contractual relationships S. 101-132

„… – UKE), the competition au‐ thority (President of the Office for Competition and Consumer Protection …” „… of Competition and Consumers Protection of 23.11.2007, XVII AmE 80/07; Court of Competition and …” „… Consumers Protection of 9.7.2013, XVII AmE 46/12; Judgment of the Court of Appeal in Warsaw of 25.5.2012, VI …”

Robert Grzeszczak Introduction S. 7-24

„… increasing protection for financial services consumers. Due to the recent reform in European Union law, major …” „… decision An overview of the Financial market - in search of optimal consumer (customer) protection is …” „… chapter is to present changes in the approach to consumer protection in the financial market, understood …”

Maciej M. Sokołowski Chapter 7: Balancing energy regulation: a day-watchman approach S. 167-186

„… regulation of health and safety, environmental protection, and consumer protection) or economy (econo‐ mic …” „… which included access to the grid, consumer protection, unbundling of the transmission and distribution …” „… step in … efforts to guarantee lower rates, pro‐ vide consumer choice and offer reliable service”, with …”

Tomasz Klemt Chapter 3: Methods and tools of regulating markets from a praxeological perspective S. 69-100

„… of the Office for Competition and Consumer Protection (the issuance of non-binding guidelines) may …” „… the Office for Competition and Consumer Protection that, in the opinion of the respondents, interferes …” „… Consumer Protection may limit the freedom of establish‐ ment to an extent higher than searches as they …”

Artur Szmigielski Chapter 6: Limits of investigative and sanctioning powers of competition authorities S. 149-166

„… Act of 16 February 2007 on competition and consumer protection, within the framework set out by …” „… lege, respect for the principle ne bis in idem, and the protection of legal professional privilege …” „… EU competition law and the protection of the funda‐ mental rights of undertakings leading to the …”

Artur Szmigielski Chapter 2: Between economic freedom and effective regulatory enforcement S. 41-68

„… , including consumer protection, free com‐ petition and economic growth. This term can be used to capture …” „… modern states depends not only on ensuring the protection of individual rights, but also on the ability …” „… protection whereby the non-interference, which is the opposite of coercion, is secured. Therefore, negative …”

Dawid Sześciło Chapter 1: The concept of independence of regulatory authorities under EU law S. 25-40

„… regula‐ tors (competition and consumer protection authorities, financial markets’ regulators), industry …” „… competition and consumers (Chris‐ tensen & Laegreid, 2007). While regulation is as old as the state, the …” „… actors and regulating markets to protect competition and consumers. Chapter 1: The concept of …”

Titelei/Inhaltsverzeichnis S. 1-6

„… search of optimal consumer (customer) protection Chapter 10: 231 Tomasz Klemt The open-textured nature of …”

Michalina Szpyrka Chapter 5: The importance of fines in the market regulation process citing the example of the Polish telecommunications market S. 133-148

„… appeal is addressed to the Court of Competi‐ tion and Consumer Protection, i.e. an ordinary court and not …” „… appealed to the Court of Competition and Consumer Protection, which is an ordinary court that examines the …” „… of personal data and the protection of privacy in the Chapter 5: The importance of fines in the …”

doi.org/10.5771/9783748908463

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Bundesministerium der Justiz und für Verbraucherschutz (ed.), Max-Planck-Institut für Innovation und Wettbewerb (ed.)

Data Access, Consumer Interests and Public Welfare

2021

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Christine Lambrecht Special Address of the Federal Minister of Justice and Consumer Protection S. 7-10

„… Special Address of the Federal Minister of Justice and Consumer Protection Christine Lambrecht The …” „… intelligence. Privacy protection is of paramount importance to consumers. Personal data can reveal our …” „… Protection Regulation, which contains extensive safeguards. We must ensure that, for consumers, the right to …”

Axel Metzger Access to and porting of data under contract law: Consumer protection rules and market-based principles S. 287-318

„… Access to and porting of data under contract law: Consumer protection rules and market-based …” „… of contract, consumer protection and other policies (e.g. protection of employees, commercial agents …” „… consumer protection, on possible data access rights. It should be obvious that contract law is of main …”

Louisa Specht-Riemenschneider Data access rights – A comparative perspective S. 401-438

„… Portability and Accountability Act (HIPAA) and the Consumer Protection Principles (CPP) and for minors in the …” „… CCPA, which will be discussed in detail later on. CPP The Consumer Protection Principles are intended …” „… products and services are fair, transparent and competitive. Consumers are to be afforded protection …”

Josef Drexl Data access as a means to promote consumer interests and public welfare – An introduction S. 11-24

„… that data protection is needed to build consumer trust in the sense that their privacy interests will …” „… literature on the relationship between data protection law and consumer law on the EU level in particular …” „… match? A closer look at the relationship between EU consumer law and data protection law’ (2017) 54 …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Edited by German Federal Ministry of Justice and Consumer Protection Max Planck Institute for …” „… Ministry of Justice and Consumer Protection Max Planck Institute for Innovation and Competition …” „… Federal Ministry of Justice and Consumer Protection | Max Planck Institute for Innovation and Competition …”

Wolfgang Kerber From (horizontal and sectoral) data access solutions towards data governance systems S. 439-476

„… law: Consumer protection rules and market-based principles’, in this volume, who is sceptical about …” „… part of consumer protection) the regulation also includes additional requirements: (a) strong …” „… competition law, consumer law, data protection (privacy) law, standardisation policy, or direct regulatory …”

Josef Drexl Connected devices – An unfair competition law approach to data access rights of users S. 477-528

„… points. Yet consumers who are particularly sensitive to data protection may hesitate to buy connected …” „… law: Consumer protection rules and market-based principles’, in this volume, Part B. 65 See Metzger (n …” „… and of the Council as regards better enforcement and modernisation of EU consumer protection rules …”

Jörg Hoffmann Safeguarding innovation in the framework of sector-specific data access regimes: The case of digital payment services S. 343-400

„… solved within other legal regimes, i.e. data protection law, consumer protection law or (general …” „… purpose if the consumer understands what data protection really means. According to most recent empirical …” „… findings in relation to the economics of data, most consumers are aware of data protection but they simply …”

Bertin Martens Data access, consumer interests and social welfare – An economic perspective on data S. 69-102

„… protection. That in itself may have signal value that can be exploited against consumer interests.46 An …” „… Data access, consumer interests and social welfare – An economic perspective on data Bertin Martens …” „… consumers and society at large. ‘Data access’ may cover a variety of modalities of data exchange between two …”

Heike Schweitzer, Robert Welker A legal framework for access to data – A competition policy perspective S. 103-154

„… . An Analytical Framework for EU Competition, Data Protection and Consumer Law’ (2019) TILEC Discussion …” „… : Competition Law, Consumer Law and Data Protection’ (2016) Gewerblicher Rechtsschutz und Urheberrecht …” „… , including, where applicable, consumer protection law, to competition law and, as a measure of last resort …”

Michael Grünberger Data access rules: The role of contractual unfairness control of (consumer) contracts S. 253-286

„… Metzger‚ ‘Access to and porting of data under contract law: Consumer protection rules and market-based …” „… contract has a choice-of-law clause, the German consumer will still enjoy the protection by the mandatory …” „… control of (consumer) contracts Michael Grünberger* (Responsive) Contract law shall be Queen Legal …”

Christian Reimsbach-Kounatze Enhancing access to and sharing of data: Striking the balance between openness and control over data S. 25-68

„… collaboration between competition, privacy and consumer protection authorities as discussed, for instance, in …” „… ’. The same applies for issues related to privacy and data protection as well as competition regulation …” „… others. It thus reflects the marginal cost of allowing an additional consumer of the good. A rivalrous …”

Heiko Richter The law and policy of government access to private sector data (‘B2G data sharing’) S. 529-572

„… , Consumer Protection and Intellectual Property Law (Springer 2018) 527. 19 An illustrative example is the …” „… general, consumer protection, research and market monitoring.45 Yet there is no particular order or …” „… concept ‘consumer’ vs. ‘citizen’ Sofia Ranchordás, ‘Citizens as Consumers in the Data Economy: The Case of …”

Indra Spiecker genannt Döhmann The legal framework for access to data from a data protection viewpoint – especially under the GDPR S. 175-208

„… protection. Article 20 GDPR is a clear sign that data protection is increasingly including a consumer law …” „… other regulatory aspirations, as well, predominant among them consumer protection law and competition …” „… The legal framework for access to data from a data protection viewpoint – especially under the GDPR …”

Contributors S. 573-574

„… , Germany. Christine Lambrecht Federal Minister of Justice and Consumer Protection, Member of the german …” „… Constitutional Law, Information Law, Environmental Law and Legal Theory; Director Data Protection Research …”

Matthias Leistner The existing European IP rights system and the data economy – An overview with particular focus on data access and portability S. 209-252

„… : Competition Law, Consumer Law and Data Protection’ (2016) Gewerblicher Rechtsschutz und Urheberrecht …” „… – Study on Behalf of the European Consumer Organisation BEUC’ (BEUC 2018) protection of certain data-related creations, investments, products or …”

Thomas Fetzer The constitutional framework for data access rights S. 155-174

„… purely economic reasons does not fall outside the scope of protection of the freedom of information …” „… by the legislature.12 Accordingly, the substantive scope of protection of the freedom of information …” „… protection of Article 5(1), first sentence, alt. 2 of the Basic Law and therefore no longer be revoked …”

Ruth Janal Data portability under the GDPR: A blueprint for access rights? S. 319-342

„… data.2 Under the EU’s General Data Protection Regulation (GDPR), the data subject is granted …” „… ; Andreas Wiebe, ‘Protection of industrial data – a new property right for the digital economy?’ (2016 …” „… Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal …”

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