Zoekresultaten
![law_birgit_van_houtert_blog_voor_comip](/sites/default/files/2023-03/law_birgit_van_houtert_blog_voor_comip.jpg)
… above, geo-blocking can be considered as a tool to prevent being sued in specific Member States for cross-border copyright infringements. Geo-blocking is a technology that disables access to, or use specific features of, online interfaces, such as websites or apps, based on the internet user’s geographic location. This location can generally be identified through the user’s IP address. For instance, you can use geo-blocking to disable access to your blog for internet users of particular Member … which has its place of establishment in a Member State, and receives a service or purchases a good within the EU for the sole purpose of end use. For instance, a small bookshop that sells second-hand books online is prohibited to geo-block its website for customers of specific Member States. To prevent being sued in multiple Member States for alleged copyright infringements, particularly small trading companies may not prefer to offer their goods online to customers in the EU. The latter …
![The first State of the Union of Juncker](/sites/default/files/2023-03/ioannes_claudius_juncker_die_7_martis_2014.jpg)
… books and articles on Dutch Constitutional law, the European Convention on Human Rights, the European Social Charter, comparative constitutional law, US constitutional law, Human Rights and legal education. Author of blogs on the Montesquieu Institute website. Andere blogs: General Alumni Arts and Social Sciences Business and Economics Corona Heath, Medicine and Life Sciences Law Maastricht Students Psychology and Neuroscience Science and Engineering Universiteitsraad … On September 9th 2015 the …
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… on Nortel’s Patents A second example is the 2011 bankruptcy auction of Canadian Nortel’s patent portfolio in the midst of the smartphone patent wars involving Apple and Microsoft/Nokia against several Android smartphone makers. A consortium named Rockstar , operated by former Nortel patent professionals, overtook Google bids from US$900 million to 3.6 billion. Rockstar shifted about 2,000 patents to its members and retained the rest, which it later enforced until selling it in 2015 to the defensive patent fund RPX for US$900 million. COSIA Patent Pool Patent aggregation in Canada goes beyond the ICT sector. Since … hold-out) is often borderline with patent hold-up, namely out-right foreclosure or exploitation of alleged infringers; One-stop-shop efficient patent aggregation activities, solving double marginalisation and royalty-stacking issues, oppose fragmentary and anti-commons ones where a previously complementary patent portfolio is split and assigned to more patent aggregators; All patent portfolio-specific advantages for innovation have downsides. For example, portfolio licensing, whereby patents are …
![Brexit blog NL 2019 - welke opties zijn er - Aalt Willem Heringa](/sites/default/files/2023-03/brexit-blog-nl-aalt-willem-heringa-welke-opties_mlr.jpg)
… by granting jurisdiction to the CJEU through Article 272 TFEU. Alternatively, and as suggested by AG Tanchev in SC v Eulex Kosovo (paras 56-57), circumvention might not be at issue as an arbitration clause is only included following the voluntary and express intention to this end by both parties to the agreement (one of which (is acting on behalf of) the EU). In JF v EUCAP Somalia, the applicant asks the General Court to hear the case pursuant to Article 263 TFEU or, alternatively, …
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… of the sovereign debt crisis in 2012, the President of the European Central Bank, Draghi, announced that “Within [… its] mandate the ECB is ready to do whatever it takes to preserve the euro”. Shortly thereafter, the ECB announced the Outright Monetary Transactions (OMT) programme so as to help out euro area member states that face problems on the financial markets. In brief, under this programme, which has not yet been activated, the ECB can buy bonds on the secondary market issued by euro area … questions raised. And indeed, the CJEU gives very clear answers. In a nutshell, a programme such as the OMT-programme does not go beyond the competences of the ECB as enshrined in the EU Treaties. Further, it does not violate the prohibition of monetary financing as laid down in Art. 123 TFEU. Now the ball is back in the FCC´s court. How will the court react to the CJEU´s answers? Will it accept the interpretation of the OMT-programme by the European Court or will it reject it? In the case of the … would happen next? As much as these questions concern the long-debated relationship between the CJEU and the FCC, they equally concern the potential effects that judicial decisions by Highest Courts and Constitutional Courts in economic and monetary matters have on financial markets. It has been widely acknowledged that the mere announcement of the OMT-programme by the ECB has calmed down the situation in 2012 decisively. A further issue worth mentioning is the field of applicants. Some of …
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… workers were invited to reflect on the business and social impact. This contribution shares some of the reflections. Working from home is here to stay On 15 June 2022, the SER presented its advisory report 'Hybrid Work' to the Standing Parliamentary Committee on Social Affairs and Employment. The advisory report endorses the view that working from home is here to stay. Many employees indicate that they wish to continue working at home to some extent, and employers are also keen to incorporate … be possible for them, if they live just across the border. Finally, a last element of complexity concerns the duty of care of employers to take good care of the employee through additional conditions in addition to the legal provisions. The supplementary conditions laid down in a collective agreement complement the statutory package, also for matters that are important within an organisation. It is considered undesirable if frontier workers were to fall under a different legal social security … that the temporary fiscal measures will expire in July 2022, after which the normal treaty rules will apply again. COVID-19 is not a legal basis or a farce majeure to deviate from this. This position was also communicated in a previous parliamentary letter . Talks are taking place with Germany and Belgium to introduce the desirability and possibility of a 'home working threshold' in the tax treaties, but this will take time. Although the agreement for social security is welcome news, the …
![law_blog_kalpana_provisions_on_access_to_algorithms_and_databases](/sites/default/files/2023-03/law_blog_kalpana_provisions_on_access_to_algorithms_and_databases.jpg)
While the role of access to data and algorithms in digital markets is debated in scholarly literature, it is evident that there are circumstances in which it is necessary to scrutinize databases, algorithms, and source code that are used in digital services for the purposes of the enforcement of
![aw_artificial-intelligence_blog_data_and_corona](/sites/default/files/2023-03/law_artificial-intelligence_blog_data_and_corona.jpg)
… data subjects or other persons. For example, Recital 46 GDPR states that “some types of processing may serve both important grounds of public interest and the vital interests of the data subject as for instance when processing is necessary for humanitarian purposes, including for monitoring epidemics and their spread or in situations of humanitarian emergencies, in particular in situations of natural and man-made disasters”. This flexibility has also been affirmed by the European Data Protection Board (EDPB) in a statement adopted on 19 March. It does mean that the data collection and …
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… is also something to seriously consider: the better personal data is encrypted, the harder it is for third parties to access it, which means in turn it is still protected. The verdict of the Court will be published in the course of 16 July on this website . A quicker option will likely be to follow Mr. Schrems’ Twitter account . Written by Paul Breitbarth , Visiting Fellow at ECPC, and Director of EU Policy and Strategy, TrustArc More blogs on Law Blogs Maastricht Labels: privacy ECPC LBM Andere blogs: General Alumni Arts and Social Sciences Business and Economics Corona Heath, Medicine and Life Sciences Law Maastricht Students Psychology and Neuroscience Science and …
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… ‘gag law’, the new Citizen Safety Law , went into effect on 1 July 2015 despite widespread rejection from all opposition parties and many sections of society. This law also constitutes the Government’s reaction to social protest movements that started in Spanish city squares in response to tension that arose following several years of austerity measures. Although the current situation in Spain cannot be compared to the dictatorship regime, the Citizen Safety Law embodies a clear limitation to …