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This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.
Annotation. Businesses and advisers need to come to grips with the Competition and Consumer Act 2010 as it impacts on various aspects of day to day corporate activity. For over 30 years, professionals have relied on Miller's for the full text of the updated Competition and Consumer Act (formerly the Trade Practices Act) and for Russell V Miller's expert insight into how its sections operate. Practitioners and businesses will benefit from the updated legislation in this 37th edition, and from Russell Miller's annotation commentary at provision level, guiding readers through the meaning of the law with the benefit of judicial interpretation of the provisions of the Act. The book also contains related regulations and materials. The 37th edition of Miller is your essential resource for keeping pace with legislative and case law developments in competition and consumer law. Miller 37th edition will provide the legislation consolidated for all 2014 amendments, and address all the key cases handed down in 2014.
A clear and accessible guide to the regulation of competition in Australia.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This book provides a guide to the development of Australian trade practices and competition law.
Law of Mislead or Decept Conduct 4e
Contemporary Issues in Corporate and Competition Law: Essays in Honour of Professor Robert Baxt AO is a festschrift honoring noted academic Professor Robert Baxt AO.
Duggan & Lanyon¿s Consumer Credit Law is suitable for both lawyers specialising in lending as well as those whose practitioners whose involvement with the Code is more peripheral. The updated and revised second edition covers all major developments in legislation and case law since the first edition was published in 1999. Written by experts in the field, this title concentrates on the Code but covers related laws and various state and territory laws governing the licensing and registration of credit providers and the constitution of tribunals. Features: - Authoritative and accessible piece of legal writing - Comprehensive coverage of the NCCP - Expert authors with strong reputations in the consumer credit field
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
Australian Consumer Law contains clear and engaging coverage of all key areas of the Australian Consumer Law (ACL), including misleading or deceptive conduct, unconscionable conduct, unfair contract terms, consumer guarantees, manufacturersoÂeÂ(tm) liability and specific unfair practices. This comprehensive new book includes four chapters offering detailed analysis of misleading or deceptive conduct and specific false or misleading representations, covering the general principles and misleading conduct both in advertising and other areas of law. It examines and compares the advantages and disadvantages of actions brought under s 18 of the ACL with other options for redress. It contains an in-depth examination of the ACL remedies and enforcement powers of the Australian Competition and Consumer Commission (ACCC) including damages, pecuniary penalties, injunctions, declarations and disqualification orders. The author provides practical and theoretical analysis of important recent decisions on Australian consumer law, as well as summaries of and short extracts from relevant primary and secondary sources such as legislation, ACCC guidelines, Explanatory Memoranda and Second Reading Speeches. Each chapter includes case summaries, theory and problem questions and and further reading. The writing style is clear and succinct and the discussion includes a wide range of examples and analogies to explain complex areas of law. The depth and practical application of the text makes it ideal for undergraduate and postgraduate students of Australian consumer law or the more specific subject of misleading or deceptive conduct. It is also a valuable resource for researchers and lawyers practising in this area. Features oÂeo Covers all key topics, including misleading conduct and passing off, public enforcement and private remedies oÂeo Clear, accessible and easy to navigate design makes complex concepts easier to understand oÂeo Includes revision and problem questions to consolidate learning