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| YE | YI | YO |
| ZA |

Data Controller

Data Controller According to Article 2 lit d) of the EU Data Protection Directive, a controller is a “natural or legal person, public authority, agency or any other body which alone or jointly with others determine the purposes and means of the processing of personal data”. According to the wording of the Directive the main provision to be considered a data controller of a processing activity, is to be the entity that determines the purposes and means of the processing of personal data. The data controller is the one who has and shall have “the control over the “if”, “why” and “how” of the data processing”.(Marnau/Schlehahn, TClouds D1.2.2, page 9) This factual control and authority over the process constitutes the general legal responsibility and liability of the controller for the lawfulness of the data processing activities.

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Tax Discrimination

Tax Discrimination Subsidy and Trade Barrier Regulation From the document “Trade Barriers Regulation [TBR]“, published by the European Commission: Article III:2 of GATT 1994 establishes the principle of National Treatment, which creates on WTO members the obligation to treat, imported products in the same way as domestic ones. In other words, it prohibits WTO members from imposing on imported products discriminatory taxes not applicable to domestic goods. In order to establish the compatibility of a measure with Article III:2 of GATT 1994, it is necessary to examine whether imported products are “like products” or “directly competitive or substitutable products” to domestic products. Rules are more stringent for the former than for the latter. Like products If imported products are “like” to domestic ones, then their taxation should be identical. In other words, if imported products are found to be taxed in excess of domestically produced products, even by very small (de minimis) margins, there is discrimination and consequently a violation of the national treatment principle. The term “like product” is not defined in GATT; the interpretation of the term should, therefore, be examined on a case-by-case basis. This would allow a fair assessment in each case of the different elements that constitute likeness. To establish whether imported products […]

Technical regulations

Technical Regulations Technical Regulations and Trade Barrier Regulation From the document “Trade Barriers Regulation [TBR]“, published by the European Commission: Technical regulations and industrial standards vary from country to country. Producers and exporters have to adjust to different regulations and standards in order to market their products. If the standards are set arbitrarily, they can become obstacles to trade. EU industries and companies can rely on the Agreement on Technical Barriers to Trade (TBT) to ensure that regulations, standards, testing and certification procedures in third countries do not create unnecessary obstacles. The TBT agreement applies to a broad range of measures: composition of goods, design requirements, packaging and labelling requirements etc. It applies both to mandatory regulations laying down product characteristics, and to voluntary standards. Not only technical measures adopted by central governments are subject to trade disciplines: the TBT agreement also includes provisions describing how local government and non-governmental bodies should apply their own regulations. The TBT agreement forbids discrimination against imported goods through more burdensome design or testing requirements. WTO Members must also ensure that their technical regulations are not more trade restrictive than necessary to achieve their legitimate objectives. The procedures used to decide whether a product conforms to national standards have to be fair and […]

Personal data

Personal data According to Article 2 lit a) of the Data Protection Directive 95/46/EC any information related to an identified or identifiable individual (‘data subject’) is considered personal data. Legal entities such as governmental institutions and companies and their business secrets are not protected by the EU Data Protection Directive. “’Identified’ individual means doubtlessly distinguishing this individual among a group of several persons. “Identifiability” opens up the possibility to distinguish an individual that has not been identified yet. Since the latter is the lower level in regard to the identification of an individual, it is to be considered as the threshold condition in regard to this element of the personal data definition.1 Identifiability in the sense of the Directive is given if the information conveys a connection to a particular physical person, no matter if this connection happens directly or indirectly, already took place or is still a mere possibility. Even statistical or thought to be anonymized data may become identifiable when combined.” (Marnau/Schlehahn, TClouds D1.2.2, page 7)

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Internet Copyright Law

Internet Copyright Law Government or Crown Copyright In Canada, the Canadian crown copyright, which provided that the government retains the copyright associated with any work that is prepared or published by or under its direction, created an enormous and unconscionable barrier to Canadian film making, political advocacy, and free speech. In 2005 there were a civil disobedience campaign involving file sharing of the Eyes on the Prize documentary in Canada. While that activity put the spotlight on the copyright issues associated with obtaining rights for documentaries, Canadian film makers faced the additional burden of obtaining government approval when using public documents or video. For several canadian law authors, like Michael Geist, using government documents and video materials without approval from the Parliament’s Speaker of the House should not be a case of civil disobedience. It should be permitted by law. Recommendation from some authors – Some authors recommended the ratification of the World Intellectual Property Organizations Internet treaties. The government of some countries, however, announced that it plans to implement provisions found in the treaties, but will delay ratification for the moment. – Some authors recommended the establishment of a notice and takedown system for Internet service providers that would […]


ISP accountability For some authors, it is time to re-examine the self-regulatory, hands-off approach to ISPs. Content regulation in some countries (European or not) is clearly unworkable and dangerous, however, I am of the view that increased accountability for ISP’s carrier function may be needed. There are some four reasons for the change in some countries. First, the the lack of broadband competition leaves most consumer vulnerable to service changes such as the introduction of bandwidth caps. Second, the recent attempts by some ISPs to cut off, for example, Vonage points to the potential hostility toward network neutrality and the need for a strong regulator to guard against packet preferencing. Third, there is a significant free rider problem in the inconsistent ISP fight against spam with some ISPs spending millions to combat the problem and others doing very little. Fourth, with lawful access possibly on the way, ISPs will play an increasingly critical role as guardians of personal information and new accountability might provide an additional layer of protection. With some European countries about to embark on a telecommunications policy review, it is at least time to put the issue on the table.

List of Cases about Internet Law

List of European Cases about Internet Law List of Cases about Internet Law in the European Court of Justice ECJ, C-553/07, Rijkeboer, 7 May 2009 ECJ, C-298/07, Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV v Deutsche Internet Versicherung AG, available at eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0298:EN:HTML ECJ, C-42/07, Bwin vs. Santa Casa, 8 September 2009 ECJ, C-301/06, Ireland v Parliament and Council, 04 April 2009, OJ L 82/2 ECJ, C- 275/06, Productores de Musica de Espana (Promusicae) v. Telefonica de Espana SAU ECJ, C-338/04, Placanica et al., 6 March 2007 ECJ, T-201/04 Microsoft vs. The Commission, 17 September 2007 ECJ, C-243/01, Piergiorgio Gambelli et al., 6 November 2003 ECJ, C-101/2001, Lindqvist, 06 November 2003, available at eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:007:0003:0004:EN:PDF ECJ, C-109/92, Stephan Max Wirth v Landeshauptstadt Hannover , 7 December 1993 ECJ, T-320/91, Corbeau, 19 May 1993 ECJ, C 263/86, Belgian State v Humbel, 27 September 1988 ECJ, C 352/85, Bond van Adverteerders v the Netherlands, 1988 ECJ, C 21/76, Handelskwekerij GJ Bier BV/ Mines de potasse d’Alsace SA, 30 November 1976 List of Cases about Internet Law in the European Court of Human Rights ECHR, Anheuser-Busch v. Portugal, 2005 and 2007 List of Cases about Internet Law in Belgium Court of Commerce (Brussels), […]

List of Commission Communications about Internet Law

List of Commission Communications about Internet Law Commission Communications about Internet Law The following is a list of Commission Communications and reflection documents in relation to Internet Law: Reflection document of DG INFSO and DG MARKT, Creative Content in a European Digital Single Market: Challenges for the Future, 22 October 2009, available at http://ec.europa.eu/avpolicy/docs/other_actions/col_2009/reflection_paper.pdf Commission Communication on Europeana: next steps, ec.europa.eu/information_society/activities/digital_libraries/doc/communications/next_steps_2009/en.pdf, 28 August 2009, COM (2009) 440 final Commission Communication on Progress report on the single European Electronic Communications Market 2008 (14th report), p. 17, COM (2009) 140, final Commission Communication on How to transform the ‘digital dividend’ into consumer benefits and up to €50 billion in economic growth for Europe?, 10 July 2009 Commission Communication on Internet of Things – An action plan for Europe, 18 June 2009, COM(2009) 278 final Commission Communication on An area of freedom, security and justice serving the citizen, COM (2009) 0262 final Commission Communication on Future networks and the Internet, p. 7 COM (2008) 594 final, available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0594:FIN:EN:PDF Commission Communication on Future networks and the internet, p. 8, COM(2008) 594 final Commission Communication on Towards a general policy on the fight against cyber crime, 22 May 2007, COM(2008) 448 final Commission Communication […]

Intellectual Property Rights

Intellectual Property Rights (IPRs) Intellectual Property Rights and Trade Barrier Regulation From the document “Trade Barriers Regulation [TBR]“, published by the European Commission: Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. Such exclusive right are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users. The WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) narrowed the gaps in the way these rights are protected around the world, and brought them under common international rules. Copyright The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author. Also protected through copyright and related rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organisations. Industrial property Industrial property can usefully be divided into two main areas: Distinctive signs. These are in particular trademarks (which […]


Dumping Contents NORMAL VALUE Introduction The notion of ‘exporting country’ Trading companies Normal value computed on a monthly, quarterly or six-monthly basis Calculation of the normal value in cases where two or more related exporting producers manufacture products originating in the same investigated country Type-by-type analysis: the notion of ‘product control number’ (“PCN”) Normal value determinations for products originating in market economy countries or manufactured by exporting producers located in non-market economy countries who were granted market economy treatment Domestic market prices Grounds for disregarding domestic market prices No or insufficient sales of the like product No sales in the ordinary course of trade Sales not permitting a proper comparison First alternative normal value: normal value established on the basis of prices of other sellers or producers Second alternative normal value: constructed value Constructed value: rules concerning the determination of costs Use of the party’s records and costs not reasonably reflected in the records of the party concerned Cost allocations Start-up operations The elements of constructed value Cost of production Selling, general and administrative expenses (SGA) Reasonable profits Third alternative normal value: export price to a third country Export Price Notion of export price Volume of transactions investigated Notion of […]