Media freedom and source protection in international and European standards
The role of the media in the society, as a powerful means that contributes to democracy, is strictly related to its responsibility. It implies that the information should be gathered and disseminated in compliance with the law, but also according to ethical professional standards. This is crucial not just for the public trust in the institutions, but also as a testbed to data protection and privacy rights. On the other side, the protection of journalistic sources as a cornerstone of press freedom, enables whistleblowing, investigative journalism, and democratic accountability. However, in the face of threats to national security, terrorism, or serious crime, states increasingly invoke public interest to justify limiting this protection. The tension lies competing public goods: press freedom and rule of law versus public safety. The doctrine considers the protection of journalistic sources as a qualified right, not an absolute one, which is subject to strict scrutiny when limitations are considered. Given the premises, the aim of this paper is to provide a general picture of the international standards invoked to strike the balance between guarantying media freedom and source protection, in the age of digital media and rapid information flows. The methodology used in this paper is doctrinal legal research method, analyzing critically and in a comparative perspective, relevant theories, legal framework and jurisprudence.
- Research Article
1
- 10.33042/2522-1809-2022-6-173-10-160-169
- Dec 16, 2022
- Municipal economy of cities
The article clarifies the concept and content of international and European standards of occupational safety and health, defines the term "adaptation". Based on the results of the analysis, the systematization of international and European standards for occupational safety and health. According to the subject of development and adoption, it is proposed to divide international and European standards in the field of labor protection into three groups. In each of the proposed groups, the content of legal documents, the state of their development and implementation in national legislation were clarified. The basic provisions of international and European standards are revealed, which are largely not reflected in the national legal regulation of labor protection, and which are important for modern occupational safety and health. Particular attention is paid to the main document in the field of labor protection, which created the EU legal framework in the field of occupational safety and health - Framework Directive 89/391 / EEC "On measures to improve the safety and health of workers at work" and legal documents adopted on the basis of this Directive. According to the results of the study of European and international standards, a number of issues and provisions have been identified, which are properly reflected in national legislation. An analysis of the implementation of the obligations to adapt national legislation in the field of labor protection to the requirements of Directive 89/391 / EEC has shown that the provisions of the Directive have not been fully implemented. Regulations have been identified to be developed in the near future for Ukraine to fulfill its obligations in the field of labor protection. The factors that hinder the process of adapting the human right to safe working conditions to international and European standards are presented. Proposals and norms of international and European standards that require implementation in the domestic legal regulation of labor protection are presented as proposals. Keywords: adaptation, labor protection, international and European standards, normative-legal maintenance of labor protection.
- Research Article
1
- 10.36695/2219-5521.4.2019.11
- Jan 1, 1970
- Law Review of Kyiv University of Law
Ukraine's integration into the European Union binds the former to approximate its legislation to international and European standards in various fields, including justice. This is also prompted by the EU-Ukraine Association Agreement and by the need for judicial reform, subject to the amendments to the Constitution of Ukraine of June 2016. The purpose of the article is to disclose basic international and European standards in the field of justice and their role in ensuring the consistency of judicial practice, which has not been studied in this aspect before. Scholars have different approaches to defining the concept of "international" and "European" legal standards in the field of justice and their division into types. The author proposes the understanding and definition of these concepts and the division of international standards into two main groups: 1) basic generally recognized international standards, that is binding international legal standards; and 2) special international standards in the field of justice that are advisory. The first group consists of the basic internationally recognized standards enshrined in UN human rights instruments, which are closely related to justice and include, in particular, everyone's entitlement to a fair and public hearing by a competent, independent and impartial tribunal. They are enshrined in the Universal Declaration of Human Rights (Article 10), the International Covenant on Civil and Political Rights (Article 14), the European Convention on Human Rights (Article 6, paragraph 1). These basic international standards are binding for democratic countries in the world and in Europe, in particular for Ukraine, as they have been ratified by it. A clear understanding of and adherence to mandatory basic internationally recognized international standards by courts of all tiers will help to ensure the consistency of judicial practice. The second group of international standards in the field of justice consists of the Basic Principles on the Independence of the Judiciary, approved by the resolutions of the UN General Assembly (1985), the Bangalore Principles of Judicial Conduct, approved by the UN Economic and Social Council Resolution (2006), recommendations of the Committee of Ministers of the Council of Europe, and opinions of the Consultative Council of European Judges for the attention of the Committee of Ministers of the Council of Europe, etc. They emphasize the need to adhere to such basic international standards as guaranteeing the independence of the judiciary by the state and enshrining them in the constitution or laws of the country, and define such basic principles of the functioning of the judiciary and judges as independence, objectivity, honesty, incorruptibility, observance of ethical rules, equal treatment of all parties to the proceedings, competence and diligence of courts, and so forth. Compliance with these general international standards in the field of justice will help to ensure the integrity of the judiciary in the interests of a person. Such standards and specific recommendations for ensuring the integrity of the judiciary are broadly outlined in the Consultative Council of European Judges Opinion on the Role of Courts in Ensuring the Unity of Law (2017), namely the importance of uniform application of the law, the possibility of the use of precedents, the paramount role of the Supreme Court in ensuring the integrity of the judiciary, the creation of a mechanism for filtering appeals, the inadmissibility of conflicting decisions, the importance of the role of the courts of appeal, the solid reasons for deviation from previous judicial practice, the compliance with the reporting system of courts, the application of previous decisions to specific cases, the ensuring of the principle of independence of judges, the use of various mechanisms to ensure the integrity of judicial practice. These issues were also discussed during the presentation of the Opinion in Ukraine and holding the conference Integrity of judicial practice: the view of the European Court of Human Rights and of the Supreme Court (2019).
- Research Article
1
- 10.3935/cyelp.17.2021.447
- Dec 30, 2021
- Croatian Yearbook of European Law and Policy
The Google Spain judgment established a search engine as a sui generis controller and the related ‘right to be forgotten’ (right to delisting) under data protection legislation, despite the controversies surrounding it primarily on account of the logic of the search engine operator’s functioning and its consequent inability to comply with certain basic data protection requirements. Resulting interpretations, ie the contouring of data protection legislation under CJEU case law (the Google Spain and the GC and Others judgment), are examined in this paper in detail in relation to the currently applicable GDPR provisions, which allows conclusions to be drawn on the substance of the (sui generis) delisting right, the legal standing of data subjects, the assessment of delisting requests, and the related role and responsibilities of search engine operators. While neither removal from the source web page is required nor can delisting be denied exclusively on the basis of the publisher’s right to freedom of information and expression, analysis shows several manifestations of inherent interweavement with concerns of freedom of information and expression, which at the same time intrinsically oppose data protection and privacy rights. The issue is further challenged by a lack of harmonisation in the area of reconciling privacy and data protection rights with the freedom of expression and information. The last section of the paper discusses the rationale behind the recently established duty of adjusting, ie rearranging, search results in certain cases where delisting requests were denied, the implications for the operators, and the future outlook. Keywords: right to be forgotten, GDPR, GC and Others v CNIL, sensitive data, legitimate interest, substantial public interest, freedom of information, adjusting search results. This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. Suggested citation: N Gumzej, ‘“The Right to Be Forgotten” and the Sui Generis Controller in the Context of CJEU Jurisprudence and the GDPR’ (2021) 17 CYELP 127.
- Research Article
3
- 10.5272/jimab.2015211.713
- Feb 16, 2015
- Journal of IMAB - Annual Proceeding (Scientific Papers)
Standards are produced for many different products and services, and may be created for company, national, regional or global application. In Europe there are three different categories of standard: International standard – a standard adopted by an international standardization organization; European standard – a standard adopted by a European standardization body; National standard – a standard adopted by a national standardization body and made available to the public. Harmonized standards play a special role in the EU. A harmonised standard is a European standard elaborated on the basis of a request from the European Commission to a recognised European Standards Organisation to develop a European standard that provides solutions for compliance with a legal provision. Most standards for dental materials have been harmonized through a so-called cumulative standard (EN 1641:2009 Dentistry Medical devices for dentistry Materials). This European Standard specifies general requirements for materials used in the practice of dentistry for the restoration of the form and function of the dentition and which are medical devices. A multiplicity of laws, standards, and recommendations regulate the marketing of medical devices. The medical doctor and the dentist should be informed about the European and international standards concerning medical devices and use only those for which appropriate information is available. The manufacturer/importer is responsible for its products and is potentially liable for damages.
- Research Article
43
- 10.1080/09692290.2017.1402804
- Nov 30, 2017
- Review of International Political Economy
ABSTRACTWe examine the impact of formal standards on trade in global value chains (GVCs) in Europe. Using a gravity model approach for panel data, we estimate the influence of national, European and international standards on trade in value-added and gross trade flows within Europe. We find that national standards on their own hamper trade in European value chains while European and international standards foster trade. European standards have greater influence on trade in inner-European value chains whereas international standards have positive effects on imports into Europe from third countries. European standards therefore reduce information asymmetries between market actors in the value chains of the European Single Market. International standards serve as a means of global communication between international trade partners. In addition, we find a positive effect of an interaction term between national and European standards in European value chains confirming the necessity of national standardization. Furthermore, we consider our findings not only within international political economy's theoretical literature regarding the governance of GVCs but also, the subsequent policy implications of our findings in terms of economic growth and development.
- Research Article
2
- 10.33498/louu-2019-12-054
- Jan 1, 2019
- Право України
Вітчизняна правова система приводиться у відповідність до правових стандартів міжнародного та регіонального рівнів, що дедалі більше підштовхує Україну орієнтуватися на міжнародні та регіональні (європейські) правові стандарти, які, зі свого боку, слугують еталонами, загальновизнаними й уніфікованими зразками. Орієнтація на міжнародні стандарти прав людини та їхній захист є запорукою повноцінної реалізації низки правових реформ, які відбуваються в Україні впродовж останніх років, і особливо це стосується такого найважливішого правозахисного інституту, як адвокатура. Сьогодні Україна стоїть на шляху втілення нової національної правової ментальності, невід’ємною частиною якої є впровадження міжнародних і європейських стандартів орга нізації та діяльності адвокатури як концепції оптимальних загальновизнаних міжнародною юридичною (адвокатською) спільнотою зразків її організації та діяльності. Метою статті є дослідження ролі міжнародних та європейських стандартів адвокатури у вітчизняній правовій системі та необхідність їх подальшого запровадження на шляху євроінтеграції України. Встановлено, що нормативна база, в якій закріплені національні стандарти адвока тури, неповністю відповідає правовим актам, що закріплюють міжнародні та регіо нальні (європейські) стандарти адвокатури. Авторки доходять висновку, що національна адвокатура потребує подальшого удосконалення правового регулювання з урахуванням міжнародних і регіональних (європейських) стандартів організації та діяльності. Формування національних стандартів адвокатури повинно відбуватися з урахуванням не тільки міжнародних і регіональних (європейських) стандартів, а й пропозицій як окремих адвокатів, так і професійних адвокатських об’єднань та правозахисних організацій.
- Research Article
- 10.18502/kss.v10i14.19082
- Jul 15, 2025
- KnE Social Sciences
The discourse of banning investigative journalists in changes to the draft law on public broadcasting has given rise to various criticisms, coming from various parties who did not agree with it. This prohibition is considered a form of restraint on press freedom. In fact, politically, press freedom is a mandate for reform and a pillar of democracy. This article examines two things: What form of criticism does the discourse on prohibiting investigative journalists in the Public Broadcasting Law Draft take? What is the relevance of this criticism to a critical theory of communication? This is library research, and the data sources used are secondary resources in the form of documents published in online media. Data were collected using documentation techniques, namely taking document data from online media by entering keywords on the digital platform and then reading and selecting those that were relevant to the research problem. The theory used is the critical theory of communication, which emphasizes the criticism of power structures and domination in society. The research results show that criticism of the discourse on prohibiting investigative journalists in the Public Broadcasting Law Draft came from politicians, press organizations and academics. According to TB Hasanuddin, a Member of the DPR RI from the PDI-P faction, a ban on investigative journalists could suppress democracy. According to Nani Afrida, who is the General Chair of the Alliance of Independent Journalists, a prohibition on investigative journalists can silence the press. According to Jaduk Gilang Pembayun, the ban on investigative journalists is a form of limitation on the activities and movements of the media. In the context of the critical theory of communication, the discourse regarding the ban on investigative journalists is a form of control over journalists’ activities. Furthermore, it disseminates a democratic ideology that supports the current power structure.
- Research Article
- 10.12775/sit.2010.011
- Dec 1, 2010
- Studia Iuridica Toruniensia
Like most European states, the Republic of Slovenia is lost in a chaotic labyrinth of legal approaches to personality rights. This thesis is applicable on a practical level as well as a theoretical one. The main characteristic of the legal issue “personality rights v. freedom of the press and the public’s right to know” today, is that the list of decided cases on all instances in this subject matter is becoming longer and longer since Slovenia’s independence. Recent decisions of the Supreme as well as the Constitutional Court on the role of legal precedents are crystallizing some of the most important problematic areas of this fi eld – the legal basis of personality rights, as well as freedom of the press and the publics right to know, analyses of the weighing of interests, classifi cation of personality rights, classifi cation of the “board” right to privacy, and so on. From the theoretical standpoint, the last dozen years, which may also be named the “third period” in the scope of research on personality rights, has however been rather poor compared to the “fi rst and second periods”, which themselves were characterized by lack of legal practice1. These two eras were, on the other hand, marked by theoretical works of an extremely high standard by the academic, Alojzij Finžgar. The scholar must be mentioned whenever personality rights and legal theory are linked. Finžgar had already started his scientifi c research into the issue of personality rights in the late fi fties2. His last article3 was published in 1989, which ended 40 years of theoretical eff orts in this interesting and important area of law. Finžgar also was a professor of “Personality law“ (Osebnostno pravo, Personlichkeitsrechts) at the Faculty of Law at the University of Ljubljana for more than 40 years. Along with other important works on personality rights, which stand as Slovenias theoretical cornerstones as well as theoretical masterpieces4 he wrote an extensive report based on an international survey on personality laws and mass media5. The scolars main contribution was Osebnostne pravice (Personality Rights, Personlichkeitsrechte), published in 1985 by Slovenian Academy of Sciences and Arts, which also contributed to European legal culture. This work still has a tremendous impact on legal practice. The other great scholar, prof. Bogomir Sajovic, who was also the mentor of the author of this article, provided very important contributions to personality law especially with his theoretical analyses of “general rights of personality”6. The main characteristic of the “personality rights v. freedom of expression” issues in Slovenian law is that both personality rights and freedom of the press are guaranteed by the constitution. Art. 35 (entitled “protection of privacy rights and personality rights”) states that the inviolability of human physical and psychological integrity, as well as his privacy and personality rights, is guaranteed. This rather confusing constitutional diction is closely analyzed in the following chapter. The basic fundamental starting-point is that Slovenian law guarantees “special personality rights” (posebne osebnosne pravice, besondere Personlichkeitsrechte). Among others, the following are already specifi ed in the constitution: physical and psychologist integrity and “others” personality rights as well as the right to privacy. The right to privacy has however three “roles” in Slowenian law: 1. Personality rights (osebnostna pravica, Personlichkeitsrecht), with their legal foundation in the constitution that is protected by civil law. 2. Constitutional rights (ustavna pravica, Grundrecht), protected by public law. 3. Human rights (človekova pravica, Menschenrecht), protected by international law (primarily with art. 8 of the European Convention of Human Rights and Basic Freedoms). The following personality rights, which can also be analyzed as aspects of a broad right to privacy, are guaranteed and also protected directly by the constitution (and of course also by civil law): the inviolability of ones home (art. 36), secrecy of correspondence (art. 37) and the right to protection of personal data (art. 38). The aspects of the listed rights that we are interested in are only the private ones. Art. 39 of the constitution, on the other hand, guarantees freedom of expression – In civitae libera linguam mentemque liberas esse debere. Or in the Slovenian version: “The freedom of expression of thoughts, speech and public appearance, as well as that of the press and other forms of public informing and expression is guaranteed. Anyone is free to choose, receive, to spread information and opinions. Everyone has the right to receive any information of public interest, for which he is legally entitled, except in cases prohibited by law”. The rights guaranteed by art. 35 and those guaranteed by art. 39 from a classic collision of interests and rights. The weighing of those interests according to the concrete factual situation is “still” the only method of determination whether the rights of personality are illegally infringed.
- Research Article
- 10.5944/rdp.94.2015.15740
- Dec 10, 2015
- Revista de Derecho Político
Resumen La protección especial que reciben los datos religiosos se fundamenta en la necesidad de que el interesado preste consentimiento expreso y por escrito para su tratamiento y cesión. Sólo los registros de miembros de Iglesias y confesiones están exentos de esta obligación. Las decisiones del TS español sobre la aplicabilidad de la norma en los casos en los que se alega la vulneración del derecho a la protección de datos no han sido uniforme, debido fundamentalmente a la interpretación que ha realizado sobre los datos y el libro donde se conservan. En el estudio se trata de presentar análisis del procedimiento especial al que se acoge los datos religiosos en España y su alcance para, después, contrastar las decisiones emitidas por los Tribunales españoles y su ajuste a los parámetros nacionales e internacionales. Para ello se presenta la configuración legal de la protección especial de datos sensibles, se exponen los argumentos utilizados por los Tribunales españoles y se contrastan con los criterios extraídos, mostrando las contradicciones, las carencias y ofreciendo posibles alternativas que darían una respuesta jurídica más adecuada en un sistema de Laicidad positiva o aconfesionalidad. El autor sostiene la aplicabilidad de las definiciones legales de “datos personales” y “registros” a los libros bautismales y los datos que obran en él, analizando ambos elementos, la función del bautismo y la apostasía y la estructura y el funcionamiento del libro parroquial y, por último, distinguiendo entre recogida y uso de los datos de la cesión, ambos parte del “tratamiento” en términos legales pero que se confunden en las decisiones del Supremo. Finalmente, el autor propone la aplicación de una medida de disociación que, dentro de los términos legalmente establecidos, garantizaría la integridad de los libros bautismales y la defensa del derecho de protección de datos de los individuos. La protección de datos religiosos se trata de una cuestión novedosa que ha sido tratada por la doctrina en estudios muy recientes. Por ello, consideramos que este análisis puede aportar nuevos argumentos para el debate. Abstract The special protection given to religious data is based on the need to provide the subject´s explicit consent for its processing and transmission. This consent shall not be necessary when a denomination or religious association, foundation, etc., in the course of its legitimate activities and when that processing relates solely to the members or to the persons who have regular contact with it, carry out the processing. Also it must be done with the appropriate guarantees and personal data shall not be disclosed to a third person without the consents of the data subjects. The recently Spanish Supreme Court decisions do not always agree with the applicability of processing data regulation to certain religious records, specially when the Court try to value the application of personal data or filing system legal concept. This study aims to present an interpretation of the religious data special processing in the Spanish legal system, in order to determine its scope and to prove the adjustment of the Spanish Court recent decisions to national and international standards. We will focus our attention on the religious profile special protection, presenting the Supreme Court legal grounds to substantiate its decision, testing it with the national standards on the right to privacy and giving appropriate legal options for a secular state. The author asserts the applicability of “personal data” and ”record” legal concept to the baptismal books and the information available on it, analysing both, as well as the purpose of baptism and apostasy, the operating procedures of the parish record and, finally, telling the difference between collection or use of personal data and transmission or dissemination, both as a part of “processing of personal data” in legal terms but confused in the Supreme decisions. For that reason the author proposes the application of a dissociation measure to preserve the integrity of baptismal records and the personal right of data protection. Religious processing data system is a new issue with a few scientific analyses, so we will try to present more arguments to stimulate a debate.
- Research Article
- 10.1108/dprg-10-2024-0260
- Apr 16, 2025
- Digital Policy, Regulation and Governance
Purpose This article aims to examine the tension between freedom of expression and personal data protection, focusing on criminal conviction and offence data under the General Data Protection Regulation (GDPR). It analyses how legal frameworks, particularly Article 85 of the GDPR, attempt to reconcile public access to information with individual data privacy rights harmoniously. Design/methodology/approach Using a legal doctrinal approach primarily, this study examines GDPR provisions, especially Article 85, alongside relevant case law. The principle of proportionality serves as a key analytical tool to assess the necessity and justification of legal restrictions on data processing. Findings The research underscores the delicate balance between freedom of expression and data protection concerning criminal records. Article 85 plays a crucial role in establishing journalistic exemptions while ensuring data privacy. The principle of proportionality is vital in preventing disproportionate restrictions, requiring case-by-case evaluations. The study highlights the evolving nature of privacy-publicity conflicts, with the right to be forgotten serving as a safeguard against undue harm from outdated or minor convictions. Research limitations/implications This study has limitations, including its reliance on case-specific analyses, which overlook the broader impacts of the evolving digital media landscape, particularly social media and user-generated content. The focus on European legal frameworks (e.g. GDPR) restricts generalisability to non-EU jurisdictions with differing standards. Additionally, the analysis emphasises journalistic exemptions, neglecting other forms of expression – such as academic, artistic and literary – that also require balancing against personal data protection rights. Practical implications The research provides practical guidance for balancing data protection and freedom of expression, particularly under GDPR Article 85. It underscores the need for case-by-case assessments, ensuring proportionality and necessity when handling criminal conviction data. Policymakers and legal practitioners can use these insights to refine journalistic exemptions and prevent data misuse, especially in digital media contexts. Organisations, including media platforms, are encouraged to adopt responsible data-handling practices to safeguard privacy while enabling public interest reporting. Finally, the findings stress the importance of dynamic frameworks that adapt to evolving societal and technological contexts, supporting fair outcomes for both data protection and expression rights. Social implications This research highlights the delicate balance between individual data protection rights and freedom of expression, particularly regarding criminal conviction data. Its implications extend to societal concerns over data privacy, the potential misuse of personal information and the long-term impact on individuals, especially those with minor or outdated offences. As digital media evolves, these issues become more pressing, with the rise of social media and user-generated content complicating the legal landscape. Ensuring that privacy is upheld without stifling public access to essential information is crucial for maintaining both rights and societal transparency in an increasingly interconnected world. Originality/value This study enriches the debate on data protection and freedom of expression in crime-related data processing. By addressing journalistic exemptions and the evolving media landscape, it provides a nuanced perspective on safeguarding privacy while maintaining transparency in an era of digital accessibility.
- Research Article
1
- 10.47172/2965-730x.sdgsreview.v4.n04.pe02531
- Oct 17, 2024
- Journal of Lifestyle and SDGs Review
Objective: This study investigates the impact of international standards on shaping national approaches to gender equality, focusing on Kazakhstan’s legal and social frameworks. Theoretical Framework: This research is based on theoretical perspectives regarding implementing international law, offering a foundation for understanding how global norms influence national policies. Method: A multidisciplinary methodology is applied, including comparative legal analysis, normative-legal methods, systems analysis, and legal modeling. Forecasting techniques are also used to anticipate future trends in the alignment of national policies with international gender equality standards. Results and Discussion: This study identifies several critical challenges that Kazakhstan faces in reforming its social and labor policies to align with international standards. Significant institutional and legal barriers hinder progress in promoting gender equality and eliminating discrimination. The discussion focuses on these obstacles and examines their implications for policy development and implementation. Research Implications: The findings of this study contribute to academic research and policy development by enriching the scientific discourse on gender equality and offering recommendations for integrating international standards into national legislation. This study not only provides a theoretical basis but also offers practical ideas for improving policies and legal frameworks. Originality/Value: This study sheds new light on the relationship between international legal standards and national legislation. It offers practical recommendations for advancing gender equality and supports the achievement of Sustainable Development Goal 5 (SDG 5) by promoting the empowerment of women.
- Single Book
15
- 10.1093/oso/9780198795957.003.0009
- Aug 24, 2017
The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.
- Research Article
3
- 10.51594/farj.v6i7.1313
- Jul 17, 2024
- Finance & Accounting Research Journal
This study explores the legal frameworks governing digital transactions, with a specific focus on the transformative impact of blockchain technology. The primary aim is to elucidate the complexities and challenges posed by blockchain while examining the diverse regulatory approaches adopted internationally. Through a comprehensive literature review and comparative analysis, the research addresses key aspects such as the conceptual framework of digital transactions, the unique characteristics of blockchain, and the regulatory strategies implemented across different jurisdictions. The findings reveal that blockchain technology, characterized by its decentralized, immutable, and transparent nature, significantly disrupts traditional regulatory models. Identified challenges include jurisdictional ambiguities, enforcement difficulties, and privacy concerns. The comparative analysis shows divergent regulatory approaches: supportive frameworks in Japan and Switzerland contrast sharply with restrictive measures in China, highlighting the necessity for international cooperation and harmonization of regulations. The study concludes that effective regulation of blockchain technology requires innovative and flexible legal frameworks capable of adapting to rapid technological advancements. Policymakers must balance fostering innovation and protecting public interests, emphasizing the need for privacy-preserving technologies and international standards. Recommendations include developing global regulatory standards, enhancing privacy measures, and creating legal frameworks that accommodate the decentralized nature of blockchain systems. This research provides valuable insights for regulators, policymakers, and stakeholders, offering a pathway towards a secure, transparent, and innovative digital economy. Continuous adaptation and international collaboration are imperative to address emerging challenges and fully harness the potential of blockchain technology. The study advocates for proactive engagement and cooperation among nations to create a cohesive regulatory environment that promotes innovation while safeguarding public interests, enabling the global community to navigate the complexities of blockchain technology and unlock its full potential for economic and social advancement. Keywords: Blockchain Technology, Digital Transactions, Legal Frameworks, Regulatory Challenges, International Cooperation, Privacy Concerns.
- Research Article
- 10.51594/ijarss.v6i7.1301
- Jul 17, 2024
- International Journal of Applied Research in Social Sciences
This study explores the legal frameworks governing digital transactions, with a specific focus on the transformative impact of blockchain technology. The primary aim is to elucidate the complexities and challenges posed by blockchain while examining the diverse regulatory approaches adopted internationally. Through a comprehensive literature review and comparative analysis, the research addresses key aspects such as the conceptual framework of digital transactions, the unique characteristics of blockchain, and the regulatory strategies implemented across different jurisdictions. The findings reveal that blockchain technology, characterized by its decentralized, immutable, and transparent nature, significantly disrupts traditional regulatory models. Identified challenges include jurisdictional ambiguities, enforcement difficulties, and privacy concerns. The comparative analysis shows divergent regulatory approaches: supportive frameworks in Japan and Switzerland contrast sharply with restrictive measures in China, highlighting the necessity for international cooperation and harmonization of regulations. The study concludes that effective regulation of blockchain technology requires innovative and flexible legal frameworks capable of adapting to rapid technological advancements. Policymakers must balance fostering innovation and protecting public interests, emphasizing the need for privacy-preserving technologies and international standards. Recommendations include developing global regulatory standards, enhancing privacy measures, and creating legal frameworks that accommodate the decentralized nature of blockchain systems. This research provides valuable insights for regulators, policymakers, and stakeholders, offering a pathway towards a secure, transparent, and innovative digital economy. Continuous adaptation and international collaboration are imperative to address emerging challenges and fully harness the potential of blockchain technology. The study advocates for proactive engagement and cooperation among nations to create a cohesive regulatory environment that promotes innovation while safeguarding public interests, enabling the global community to navigate the complexities of blockchain technology and unlock its full potential for economic and social advancement. Keywords: Blockchain Technology, Digital Transactions, Legal Frameworks, Regulatory Challenges, International Cooperation, Privacy Concerns.
- Research Article
- 10.18172/redsye.6109
- Apr 30, 2015
- Revista Derecho Social y Empresa
This article considers the right to work of people with disabilities from a comparative perspective. Current trends in national legislations on work and employment for disabled people show that, even though it has not yet been completely implemented, the social model of disability is increasingly adopted by many EU Member States. To fulfil international and European standards all the countries surveyed have developed anti-discrimination legislation on the grounds of disability. The core protection of disability is based on the obligation imposed on the employers to provide a “reasonable accommodation”. The ECJ judgements are playing a very important role in this context. Despite the development of national legislations the measures foreseen have low effectiveness. The participation rate of persons with disabilities in the open labour market tends to be considerably lower than that of other workers. Indeed, most of the EU Member States still spend many times more on cash transfers for income support than on the services promoting labour market integration. The increasing level of education of people with disabilities requires Universities’ commitment not only to ensure appropriate conditions for their full participation in the process of learning, but also to help disabled graduates in the process of transition from studies to the labour market. It is not enough for people with disabilities to have the right to work, they must be given the means to enable them to exercise that right. The pathway towards the dignity of decent work in an inclusive labour market is still narrow and uphill.
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