Information Obligations Research Articles

Ochrona informacyjna konsumenta w umowach ubezpieczenia

The article discusses issues related to consumer information protection in insurance contracts. The consumer’s right to information is explained and the legal nature of the insurer’s information obligation is presented. As a result of analyzing the information obligations constituting the basic instrument of consumer protection, appropriate conclusions were made regarding the implementation of these obligations. According to the author, the consumer information protection system is only partially implemented because the practice has shown shortcomings in its implementation. However, it must be agreed that the idea of protection through information is an appropriate assumption. Undoubtedly, the right direction is to increase the level of consumer information protection by clarifying regulations and such educational and information activities as recommendations issued by designated bodies.

The concept of liability for the degradation of the natural environment under Article 86 of the Constitution of the Republic of Poland

The concept of liability in environmental protection is addressed in the Constitutions in various ways if at all this issue is regulated in this type of act. The Polish constitutional legislator belongs to this group of constitutional legislators who have regulated the issues of legal liability in environmental protection in a direct manner. The constitutional legislator regulated this issue in Article 86 of the Constitution of the Republic of Poland. In the system of Polish Law, legal responsibility in environmental protection has been linked to the universal duty of everyone to care for the state of the environment. The Basic Law itself defines two designations of this responsibility. Firstly, it is personal responsibility for the effects caused by oneself. Secondly, it is responsible for the deterioration of the environment. Thus, it is indicated that it is a model of individualised liability, as well as liability that results from the deterioration of the state of the environment. However, some of the institutions of the Environmental Law related to liability do not stand the test of constitutionality. It is difficult to see the deterioration of the state of the environment in the breach of reporting and information obligations. This raises the questionof the constitutionality of legal liability for the breach of these obligations. Additionally, it should be pointed out that the deterioration of the state of theenvironment must be the result of a breach of the constitutional obligation to care for the state of the environment. Such a link results from the very construction of Article 86 of the Constitution of the Republic of Poland and the conjunction “and” used by the legislator. The model of the concept of respon-sibility in the protection of the environment in the Constitution of the Republic of Poland is a model linked to a universal duty, and not, for example, to the duties of the State or public authorities. It constitutes a modern solution making everyone aware that contemporary problems of environmental protection do not concern only the State, and that their solution should be the common domain of all subjects of the law. It also strengthens everyone’s awareness of their environmental responsibilities.

Prawne i praktyczne aspekty dotyczące przetwarzania danych osobowych w procesie rekrutacji

The subject of this article is to identify good practices, occurring risks and irregularities in the processing of personal data of job candidates as part of the employee recruitment process and to develop principles for verifying the correctness of the functioning of this process as a tool supporting the audit task. The recruitment process and the associated staff turnover is one of the key areas where the employer should ensure the organizational and legal security of the processed personal data, which undeniably affects its professionalism and the perception of external customers, such as job candidates. The uniformity of the legality of this process is influenced by both national labor laws and EU regulations. The key principles to ensure the compliance of processed data with the requirements of labor laws in the recruitment process are the principle of data minimization and storage limitation, as well as the processing of personal data of job candidates by persons only authorized by the employer, who have committed themselves to the principles of confidentiality and impartiality. The above is also related to the implementation of the controller’s information obligations to job candidates and their correlation with the actual processing of personal data by the controller and its authorized personnel.

INFORMATION AS A CONSUMER PROTECTION INSTRUMENT ON THE CONSUMER CREDIT MARKET

The aim of the article was to assess the opinions of consumer credit borrowers on the information message provided to them by lenders at the pre-contractual stage. The opinions were presented in the context of the demographic characteristics of the respondents. The research question posed was whether, taking into account demographic characteristics, the assessment of consumer credit borrowers regarding the information message obtained at the pre-contractual stage varied. The research methodology included a questionnaire and Computer-Assisted Telephone Interviewing (CATI). For the information analysis, we employed the following non-parametric tests: the chi-square test of independence, the Mann–Whitney U test and the Kruskal–Wallis H test. No significant differences were observed in all the parameters of the assessment of the information message, which means that the answer to the research question was negative. The findings suggest that even though borrowers may positively assess the compliance with the information obligations by lenders, it does not mean that all credit decisions made were rational and appropriate to their financial situation. Our study focused on the consumer protection and employed non-parametric tests to analyze the consumer credit borrowers’ assessment of the information provided to them by lenders.

Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives

This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees.

Nowe przepisy dotyczące zabezpieczania roszczeń w sprawach własności intelektualnej (obowiązujące od 1 lipca 2023 r.)

New regulations for securing claims in intellectual property cases (effective July 1, 2023) The article presents and discusses the provisions of collateral proceedings effective July 1, 2023, on securing claims in intellectual property cases. The reasons prompting the legislator to introduce special regulations are indicated, in particular the high risk of causing damage to the debtor that can be difficult to rectify, if the secured injunction claim turns out to be unfounded. The new regulations aim to mitigate the indicated risk via a directive ordering that the likelihood of invalidation of the exclusive right in other pending proceedings be taken into ac-count (Article 7301 § 11 of the Polish Code of Civil Procedure), imposing an information obligation on the claim-ant (Article 736 § 5 of the Polish Code of Civil Procedure), introducing an adversarial element into the securing proceedings (hearing of the debtor – Article 755 § 22 of the Polish Code of Civil Procedure), and depriving the protection of the claimant who filed the security application too late.

Addressing Regulatory Failures in the Draft Revised Consumer Credit Directive

New forms of consumer credit, alongside the use of big data and macroeconomic developments, necessitate the revision of the 2008 Consumer Credit Directive (‘CCD’). The impact assessment conducted by the European Commission should collect and use relevant evidence that help lawmakers identify and address problems for the internal market and consumer protection. The impact assessment acknowledges that CJEU case law and legal literature are relevant sources of evidence that should inform the revision of the CCD. An analysis of CJEU case law and legal literature reveals three possible regulatory failures: firstly, it is more complicated for legislators to address new forms of credit under maximum harmonization, especially as the scope of maximum harmonization is unclear, which renders the CCD more vulnerable to obsolescence. Secondly, the emphasis on information obligations does not reflect consumers actual decision-making, and thirdly, there appears to be insufficient enforcement of consumer rights under the CCD. The impact assessment rarely directly refers to CJEU case law and legal literature but reflects the existence of these regulatory problems. However, the problem analysis with regard to maximum harmonization and enforceability remains superficial and one-sided, and the draft CCD continues to allow for divergences. While the draft CCD further harmonizes enforcement, it does not indicate which civil law sanctions, as developed in CJEU case law, are effective, proportionate and dissuasive. Further, the impact assessment fails to benefit fully from behavioural insights and the draft CCD accordingly contains obligations to provide consumers with considerable, but not timely and salient, information. The impact assessment does convincingly address the shortcomings in the creditworthiness check, and the draft CCD accordingly proposes more stringent provisions on this topic, which, coupled with mandatory protection, which may well help to address overindebtedness

EU: Information obligation and right of withdrawal in case of off-premises contracts

EU: Information obligation and right of withdrawal in case of off-premises contracts

The Issuance of the European protection order

Abstract This scientific article researches the procedure for issuing a European protection order by a Polish court or public prosecutor, resulting in the enforcement of protective, penal, or probation measures by a competent judicial or equivalent authority in a Member State of the European Union. These measures require refraining from staying in certain environments or places and avoiding contact with or proximity to certain people. This article does not cover provisions concerning the execution of such an order by the competent authority of a Member State. The main research objective is to demonstrate the importance of this measure in continuing the protection of the aggrieved in another Member State. The research findings are original and primarily national in scope but also relevant to other countries due to their relation to an EU instrument. This article analyses the essence of the European protection order, its issuance requirements, including the ruling on the aggrieved’s protection measure, necessity of issuing the order, aggrieved’s motion, issuance proceedings, authorised issuing authorities, ruling form, forum for issuance, issuance mode, right to appeal, order transmission, and information obligations. The paper is significant for its in-depth dogmatic analysis and substantial theoretical content and is practical in guiding interpretation of the requirements for the application of this measure and the issuance procedure.

Austria: Full Compliance with Information Obligations No Prerequisite for Lawfulness of Data Processing

Austria: Full Compliance with Information Obligations No Prerequisite for Lawfulness of Data Processing

Taking aim at innovation-crushing mergers: a killer instinct unleashed?

Abstract The European Union (EU) has assigned competition policy an important role as part of an extensive new agenda to stimulate innovation, including by fostering the growth of small and medium-sized enterprises (SMEs). The ability of EU merger control to be receptive and responsive to innovation harms has therefore come under scrutiny, with some observers doubting its capacity to address innovation-crushing ‘killer acquisitions’ of innovative SMEs. This article reflects on several recent developments that have shaped the EU’s response to these doubts. Substantively, the more central role afforded to innovation considerations in the European Commission’s recent enforcement practice may well demonstrate its willingness to engage with innovation theories of harm in mainstream merger control going forward, although questions remain about the standards and methodology it can adopt under the EU Merger Regulation (EUMR). Jurisdictionally, the recalibrated approach to the Article 22 EUMR referral mechanism—assisted, in certain circumstances, by the new pre-merger information obligation for digital gatekeepers under Article 14 DMA—is capable of bringing an almost boundless range of cases before the Commission. The Towercast judgment casts the net further still, by confirming the potential for below-threshold mergers to face ex post reviews at the national level under the Article 102 TFEU abuse of dominance prohibition. The effect of these developments is that the Commission and national competition authorities may now be better equipped to unleash a killer instinct when faced with innovation concerns arising from killer acquisitions. However, an unwelcome pendulum swing towards over-enforcement risks untold harm to legal certainty, merger activity, and innovation itself.

Factors Influencing the Use of Cost Accounting Systems in Libyan Agricultural Firms

This paper used quantitative approach to examine the relationship between six contingent factors that influence the Libyan agricultural firms to practice cost accounting systems. The available literature focused on the practice of cost accounting systems in manufacturing and servicing firms, this study filled the gap in the literature in term of studying the factors that influence the cost accounting practices in the agricultural firms. A questionnaire survey was used to collect data from 227 respondents, and the response rate was 81% (184). It was found that there is a positive relationship between the size, competition, legal obligation, and importance of cost information and practice of cost accounting systems, while the relationship between product diversity, cost structure and practice of cost accounting systems was found to be not significant.

Legal regulation for sale of goods and supply digital content in EU – analysis of novelties of new EU directives

This article is devoted to the study of new legislative instruments of the European Union in the field of unification of European contract law, namely: Directive 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods and Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services of 20 May 2019. Considerable attention is paid to the study of the novelties of these legal acts, including: determining the compliance of goods, digital content and digital services with the terms of the contract, researching and establishing the criteria for such compliance, and identifying additional information obligations of the seller and supplier of digital content, digital services and goods with digital elements.
 Particular attention is focused on the seller’s (supplier’s) obligations to periodically update the buyer’s (recipient’s) software in order to ensure the functioning of digital content (goods with digital elements) throughout the entire term of the contract, in accordance with its terms.
 The authors analyze the presumption of non-compliance of goods with the terms of the contract and prove that the burden of proof of compliance of the transferred goods with the terms of the contract rests with the seller (supplier).
 The article pays special attention to the issues of personal data protection, monetization of personal data of the buyer (recipient) of digital content and digital services.
 The authors analyze the ways of protecting the violated rights of the buyer (recipient), and study the environmental friendliness of the legal provisions of the new directives in the field of restoration of the violated rights of the buyer in case of failure to transfer goods, goods with digital elements, digital content, or transfer of goods that do not comply with the terms of the contract.
 The authors conclude that, given the problems and prospects for the development of the circular economy, and with a view to determining the disproportionality of the remedy chosen by the buyer, it is advisable to enshrine in the legislation on sale and purchase the requirement to take into account the impact of this remedy on the environment.

Food Purchase by Islamic Youth: When Buying and Selling Contracts and Halal Awareness Ignore by Taste

This study conveys an overview of the purchasing decisions made by the younger generation of Muslims in buying trending food and its relation to ignoring sales, purchase contracts, and halal product information. The type of research used in this research is quantitative research. They are collecting research data using a questionnaire or questionnaire. The respondents of this study were 130 Muslim students at Medan State Polytechnic. The Data analysis techniques use descriptive statistics with quantitative descriptive methods. The questionnaire method operates as a source for data collection. The style used is the distribution of frequency tables by displaying the frequency and percentage of the results of the respondents, which are processed using the Microsoft Excel program. The results showed that the younger generation of Muslims, represented by Muslim students at the Medan State Polytechnic, tended to purchase trending foods, in this case, Mie Gacoan, based on their taste for the product and the various variations of Mie Gacoan products offered in restaurants. Sales and purchase contracts and information on the halal food products restaurants offer are sufficient as a reference. However, they are not the primary determinant in purchasing food products. This condition takes a clear picture that in the era of openness and digital like today, buying and selling contracts in service at restaurants are still things that need to be displayed by restaurants so that they can be a reference for consumers in deciding to purchase products, even though the form of the contract is not signed between the consumer and the restaurant owner. Such as a sale and purchase contract, but special conditions or small agreements that are displayed, such as refund conditions or meal replacement policies submitted by the restaurant in writing, become a form of restaurant service initiative to consumers so that these conditions can provide a framework for relationships between customers and restaurants. In the Islamic view, the contract for food in a restaurant can refer to the principles of Islamic law or sharia. These principles include Halal Compliance, Food Quality, Fairness in Transactions, Obligation of Information, Service, and Ethics. In Islamic law, adherence to the above principles is essential to maintaining fairness, integrity, and consumer welfare. But in the end, it is still the consumer who determines the decision to buy or not a product according to this contract, that currently the priority is the basis for consumer thinking to decide to buy more because of the urge of taste. The illustrated in the buying decision of Mie Gacoan by the younger generation of Islam at Medan State Polytechnic

Status prawny dostawców usług cyfrowych w sferze cyberbezpieczeństwa

The article addresses the issue regarding the obligations of digital service providers performed in the area of cybersecurity. Because of their status as entities within the national cybersecurity system, they must respond to disruptions occurring in cyberspace. The measures taken by digital service providers to ensure the security of the information systems used to provide the digital service must lead to the minimisation of the risk of incidents i.e. phenomena that have or may have an adverse impact on cybersecurity. Economic and social development depends to a large extent on smoothly operating communication and information systems that ensure the provision of various types of services, including digital services. Disruptions in the functioning of these systems affect not only the stability of economic circulation but also the effectiveness of public institutions in performing their tasks. Given the above, the information obligations imposed on digital service providers regarding the requirement to report incidents or those related to taking measures to prevent or minimise their impact on a digital service are of major importance.

Standby periods as working time in the view of European Directives 2003/88/EC and (EU) 2019/1152

The objective of this study is to analyze the concept of working time in the case of standby workers. First, it highlights the regulation of working time in the European directive 2003/88/EC. Then, it focuses on working time patterns in standby periods and the variables that shape the diversity of these periods in the light of the case law of the European Court. Finally, it emphasizes to the standby periods as a form of flexible employment that falls under the employers’ information obligation according to directive (EU) 2019/1152. This research reaches the conclusion that the two above-mentioned European directives move towards protected flexibility, each from a different perspective, though there is still progress to be made in protecting the various constantly emerging working patterns.

Obligations of Entrepreneurs Providing Services by Electronic Means

The development of new information and communication technologies affects economic development. E-services, along with the accompanying social changes, are being implemented in almost every area of human life, and the development of information and communication technologies makes it possible to employ a number of new instruments in its various spheres (e-banking, e-commerce, e-education, etc.). Currently, the information space in the context of the provision and use of e-services includes consumers and entrepreneurs although it assigns them different rights and obligations in this area. It seems necessary to assess the impact of the implementation by entrepreneurs of obligations related to the provision of e-services and their impact on the economy and on consumer safety in online trade. Legal changes concerning the obligations imposed on entrepreneurs in that field appear periodically in response to new threats related to dynamic technological development.The publication is devoted to an analysis of the provision of on-line services and an assessment of the law, in particular with regard to fulfilling information obligations with respect to consumers in cyberspace.

Failure to comply with information obligations in the consumer credit market – the reality of consumer protection

Failure to comply with information obligations in the consumer credit market – the reality of consumer protection

Italy ∙ Italian DPA on the Vaccine Booking Procedure: Intimate Questions Possible, but Information Obligations Still Key

Italy ∙ Italian DPA on the Vaccine Booking Procedure: Intimate Questions Possible, but Information Obligations Still Key

Aktuelle Fragen des Bankgeheimnisses

Current issues of Austrian Banking Secrecy. An article on the topic of information obligations of credit institutions, on the implementation of the Directive (EG) 2021/2167 on credit servicers and credit purchasers, and a food for thought on possible amendments to Section 38 Austrian Banking Act.