The European Union Digital Single Market—Challenges and Impact for the EU Neighbourhood States

Nyman-Metcalf, Katrin; Papageorgiou, Ioannis

doi:10.1515/bjes-2018-0013

Cited by 9 publications

(4 citation statements)

References 5 publications

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“…24 This leads to the responsibility of various search engines (or companies operating them), which transmit our location data without our consent, and thus facilitate discriminating us. 25 Moreover, discrimination based on place of residence or place of establishment of the buyer can also serve as a proxy for discrimination based on nationality -it can namely be considered a hidden, indirect discrimination based on nationality, since it is far more probable that the residents of a specific country will be nationals of the country they reside in. Cases of indirect discrimination can therefore be justifiable under specific circumstances, which, however, need to be carefully worded and assessed.…”

Section: On the Personal Scope Of The Geo-blocking Regulation And On Discrimination On The Basis Of Residencementioning

confidence: 99%

“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Union

Hamuľák

Kiss

Gábriš

et al. 2021

International and Comparative Law Review

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Summary The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-blocking is a modern form of discrimination that differentiates between consumers on the basis of their geographical location. The phenomenon ultimately affects the situation of the citizen concerned and may also constitute an obstacle to the single market. Digital time has put a number of issues to be resolved on the legislator’s table in recent years, one of which is the phenomenon of geo-blocking. Already in 2015, the European Commission led by Juncker (2014–2019) adopted the Digital Single Market (DSM) strategy, which marked the European Union’s (EU) path towards innovation by creating a new digital dimension of the Single Market. In order to achieve the DSM strategy and the digital objectives, a number of legislative acts have been put in place to address the elements of the DSM and exploit the benefits of technological modernisation. The geo-blocking phenomenon is presented in this study, partly in terms of practical aspects and partly with regard to the geo-blocking regulation. The Ursula von der Leyen-led Commission (2019–2024) identifies “a Europe fit for the digital age” among its six priorities. Among the priorities, the “promotion of a European way of life”, must be linked to the digital priorities, as our smart tools and our digital presence are becoming an integral part of our lives – and our common way of life – especially at this time of the COVID-19 pandemic. Innovation has also been accelerated by the current exceptional situation, the health emergency caused by COVID-19, forcing us to work remotely, remote contacts and the constant use of our smart tools. The realisation of digital well-being is therefore also an integral part of our lifestyle. In the intersection of digitalisation and development and the promotion of a common European way of life, we can find a single market in which we can experience a significant aspect of our European way of life – the free movements and cross-border transactions – even through our online presence. The internal market is the dimension for the proper functioning of which the Union institutions can adopt a legislative act. In addition, measures taken to remove barriers and remove obstacles are essential for the functioning of the internal market. Joint action against geo-blocking as an internal market barrier will also play a role in creating digital prosperity by promoting the proper functioning of the internal market by promoting e-commerce and electronic content access. The aim of the study on the one hand is to present issues related to geo-blocking in a brief and descriptive manner from the perspective of the social, economic and legal environment linked to the internal market. On the other hand, the study briefly presents the legal environment of geo-blocking in the USA, Russia, China and Japan.

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Section: On the Personal Scope Of The Geo-blocking Regulation And On Discrimination On The Basis Of Residencementioning

confidence: 99%

“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Union

Hamuľák

Kiss

Gábriš

et al. 2021

International and Comparative Law Review

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“…States do not have a clear strategy about what should be published and how it should be published. There are currently a variety of open data policies and regulations at various levels of government, but little to no systematic and structured study has been conducted on the issues covered by open data policies, their goal, and their actual impact (see, e.g., Nyman-Metcalf & Papageorgiou, 2018;Hamuľák, Kocharyan & Kerikmäe, 2020;Kerikmäe & Nyman-Metcalf, 2020a;2020b). Most research in this area has consisted of conceptual papers, descriptions of the empirical uses of open data or the design of technology and systems for harnessing the power of open data (Janssen, Charalabidis & Zuiderwijk, 2012, pp.…”

Section: Introductionmentioning

confidence: 99%

Open Data: A Stepchild in e-Estonia’s Data Management Strategy?

Tropp

Hoffmann

Chochia

2022

TalTech Journal of European Studies

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The availability of open data has increased dramatically, partly in reaction to several types of government agencies publishing their raw data. Access to and use of open data is not only essential for the development of public policy and delivery of various services, but it is also of eminent value for private (and often economic) purposes. To meet these demands, the availability of open data has increased dramatically both domestically and EU-wide. Nevertheless, it is still access to and use of personal data which is usually in the spotlight of public—and also legal—debates. Contributing to fill this gap, this paper analyses the significance of open data and the resulting challenges imposed by the widespread lack of specific open data policies. The paper also provides an overview of the existing systems used in Estonian governance to ensure access to open information, but also highlights the shortcomings, before it finally makes proposals on how to improve open data disclosure practices in Estonia.

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“…Unlike the state territory which has a material and physical dimension, Cyberspace is entirely human made [4] and constitutes a complex global network, a logical space, unlimited, imperceptible, non-materialized, time-dependent [5] and constantly changing, who cannot exist without the physical support of infrastructure [6], an interconnected information system created by non-state actors, with no borders [7], parallel to the physical territory.…”

mentioning

confidence: 99%

On the normative equivalence paradigm in cyberspace

Moldovan

2023

SHS Web Conf.

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Constant evolution of communication technology and expansion of Cyberspace has had a pervasive effect on all areas of human life, activities and interactions, that law unsuccessfully tried to regulate. Cyberspace was for a long period of time considered uncharted territory, an unlimited and open space outside the control of States and the limits on the admissible or accepted conduct of states and other stakeholders were blurred. In this context, the most important challenge and pressing need is to identify normative guidelines applicable in this environment considering its specific features (being unlimited, world-wide availability, anonymity). The aim of the paper is to challenge the elements of the so-called normative equivalence that was developed by several international bodies first in relation with human rights safeguards and extended as generally applicable with some special approaches at the level of the European Union (protection of personal data, strategy on cybersecurity) which will not be addressed.

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The European Union Digital Single Market—Challenges and Impact for the EU Neighbourhood States

Cited by 9 publications

References 5 publications

“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Union

“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Union

Open Data: A Stepchild in e-Estonia’s Data Management Strategy?

On the normative equivalence paradigm in cyberspace

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