Protection Rules Research Articles

Redefining equality in European contract law: protecting consumer interests in a post-consumer society

Abstract Consumers have in law been defined as the weaker parties in a transaction. Contract laws have integrated consumer protection with a view to balancing the interests of the parties, ensuring equal bargaining power and to some extent substantive fairness in contractual relations. Rules of consumer protection have therefore, from a contract lawyer’s perspective, been construed as expressions of a general principle of equality. The principle of equality, conceived in this way, complements the general principle of autonomy underlying contract law, which embodies the idea that parties should have the capacity for self-realisation. Does this construction of consumer contract law still hold in EU consumer markets transformed by the rise of online platforms and the overall move towards an economy based on services and experiences rather than the sale of physical goods? Or do we need to redefine the ways in which the principle of equality is expressed in European contract law in order to correct for new inequalities arising between consumers and businesses? This article aims to answer that question against the backdrop of established insights of the ways in which the rationality of European contract law differs from that of national, doctrinal private law systems. It concludes that the rules laid down in instruments such as the Unfair Commercial Practices Directive (UCPD) and the Unfair Contract Terms Directive (UCTD) can protect consumers against exploitative practices. However, problems arise in cases where the interest at stake go beyond economic interests and concern also non-economic interests, such as data protection or freedom of expression, or do not have a market exchange value. Solutions can be pursued, it is submitted, by the European legislator and the European Court of Justice, potentially using the EU Charter of Fundamental Rights as a catalyst for reform.

The Examination of Consumer Protection and Digital Lending Law and Practice in Tanzania

Widespread access to digital lending has epitomized a ground-breaking change in financial access. Digital lending offers extraordinary decreases in transaction costs and time wastage; in many countries, digital lending is far outstripping traditional lending. But the same characteristics of digital lending also have the ability to harm customers in the form of unfair competition in the digital credit market, unfair application of consumer protection rules (cybersecurity, consumer data protection and privacy), unfair payment and collection practice, risk of over-indebtedness, as well as different levels of oversight, especially if, consumer protection laws are limited or not strictly enforced. This study critically examines the challenges faced by consumers in digital lending platforms specifically app-based lending. The research explores the legal framework governing financial consumer protection in digital lending in Tanzania specifically app-based microfinance. The study will analyse the findings from the field and analyse the practical aspects of the law governing consumer protection in digital lending in Tanzania

Networking and need of complex literacy in the digital age

The digitalisation of society is a process that is constantly improving. The main reason for this is the development of contemporary technologies (Cloud Computing, Mobile Cloud, Internet of Tings, cyber-Physical Systems, Big Data, etc.) which impose new requirements on working conditions and the necessary knowledge for their use. This requires improving the digital literacy of society by expanding the knowledge and skills to use technologies and to know the need to comply with rules for information security, privacy and personal data protection. In this regard, the article discusses the problem of the need for complex literacy by adding new components to the established understanding of information (digital) literacy, covering the additional requirements for working in the global space. Based on a retrospective analysis of publications in the field of information literacy, the need for a new understanding of digital literacy is substantiated and a structure of the so-called "Complex Literacy" is proposed and the requirements for the new components "Technological Literacy" and "Security & Privacy Literacy” whit extended discussing the issues of information security, privacy and personal data protection in the digital age.

Evaluating the Impact of Data Protection Compliance on AI Development and Deployment in the U.S. Health sector

This paper evaluates the impact of data protection Compliance on artificial intelligence development and deployment in the U.S. Health sector. As AI technologies develop quickly, worries about data security and privacy have increased, especially in delicate industries like healthcare. HIPAA, or the Health Insurance Portability and Accountability Act, and CCPA, or California Consumer Privacy Act, are two important U.S. laws that are examined in this paper along with their comparison to the European Union's General Data Protection Regulation, or GDPR. The intersection of AI and data protection regulations is also examined. The analysis emphasizes the necessity for privacy-by-design principles and the development of openness and accountability, and it shows how these policies affect AI developers, healthcare providers, and other stakeholders. Through an analysis of the opportunities and obstacles posed by the CCPA and HIPAA, the paper offers useful guidance for managing the regulatory environment and promoting innovation in AI development. The study reports that observing data protection rules is not only required by law but also strategically crucial for fostering public confidence and guaranteeing the moral application of AI in healthcare. The paper finally concludes that maintaining a sustainable growth of AI applications in the U.S. healthcare industry requires striking a balance between technological advancement and stringent data privacy procedures and compliance as AI continues to advance.

An Oasis or a mirage? How dynamic pricing is assessed under UK competition and consumer protection law

This article explains the consumer protection and competition law rules that apply to dynamic pricing in the United Kingdom. It describes the framework for assessing dynamic pricing under current and incoming UK legislation (including the Digital Markets, Competition, and Consumers Act 2024). It explains what dynamic pricing is, and how this has to date been regarded by the Competition and Markets Authority and other agencies. It then provides a summary of potentially applicable competition and consumer rules. Finally, it sets out a list of recommendations for businesses considering dynamic pricing strategies.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered. The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized. The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed. The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession. The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed. The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

Research on the Rule of Law Construction and Institutional Safeguards in University Administrative Management

With the deepening construction of the rule of law in China, universities, as key institutions for talent cultivation and social development, have placed increasing importance on rule of law construction and institutional safeguards in their administrative management. However, many universities currently face issues such as weak awareness of the rule of law, poor implementation of systems, and inadequate supervision mechanisms in administrative management. This paper aims to explore the paths for rule of law construction and the institutional safeguard mechanisms within university administrative management, analyzing the current state of rule of law construction, the challenges faced, and the role and implementation paths of institutional safeguards. By studying the synergistic development of rule of law construction and institutional safeguards, this paper proposes strategies such as improving the legal system in universities, strengthening legal education, enhancing legal supervision, and optimizing administrative management systems. The goal is to provide rule of law protection for university administrative management and promote its healthy and orderly development. The study demonstrates that rule of law construction and institutional safeguards complement and interact with each other, and only through their organic integration can the modernization and rule of law of university administrative management be advanced.

LEGAL REGULATION OF DIGITISING AND OUTSOURCING MEDICAL RECORDS DEPARTMENT IN INDIA

The whole deal with digitizing and outsourcing medical records in India is complicated. You've got a bunch of laws, guidelines, and ethical considerations all playing a role in ensuring data privacy, security, and patient confidentiality are on point. As the healthcare sector embraces digital solutions more and more, moving from old-fashioned paper records to electronic health records (EHRs) has become a big part of managing healthcare. The Information Technology (IT) Act of 2000, along with its updates, lays the groundwork for all the legal stuff surrounding electronic data and how it's kept secure. Then there's the Personal Data Protection Bill of 2019, which hasn't been passed yet but has some pretty comprehensive measures in place to protect personal data, including health info. On top of all that, the Ministry of Health and Family Welfare (MoHFW) has introduced the National Digital Health Mission (NDHM). This aims to create a national digital health system and puts a lot of emphasis on making sure data privacy and security are top-notch. When it comes to outsourcing the management of medical records to outside parties, there's a need to stick to legal standards and international best practices, like the ones laid out by the Health Insurance Portability and Accountability Act (HIPAA) in the United States. Healthcare providers need to make sure that the folks they outsource to are following confidentiality agreements and data protection protocols. It's all about reducing the risks of data breaches and unauthorized access. The legal framework also requires regular audits, safe data storage solutions, and using fancy encryption technology. To wrap it up, digitizing and outsourcing medical records in India is all about blending existing IT laws, upcoming data protection rules, and specific guidelines for the healthcare industry. The goal is to keep patient data safe while making healthcare more efficient. As the world of digital health data keeps changing, ongoing legal reforms and clear regulatory standards will be important to keep everything in check.

The Effectiveness of 2020 E-Commerce Rules in Protecting Consumer Rights

This paper critically evaluates the effectiveness of India’s Consumer Protection (E-Commerce) Rules, 2020 in safeguarding consumer rights within the rapidly growing digital marketplace. The 2020 rules, introduced under the Consumer Protection Act of 2019, were designed to address challenges arising from the proliferation of e-commerce platforms, including issues related to transparency, grievance redressal, counterfeit products, and data protection. The paper examines how these rules have enhanced consumer protection by mandating clear product information, establishing robust grievance mechanisms, and promoting accountability among e-commerce platforms. However, the implementation of the rules faces several challenges, such as uneven enforcement across platforms, limited consumer awareness, and difficulties in regulating cross-border transactions. Additionally, the paper explores the gaps in data privacy protections and the ongoing issues of counterfeit goods within online marketplaces. While the rules represent a significant step forward in regulating the e-commerce sector, this analysis highlights the need for continued regulatory oversight, technological innovation, and consumer education to ensure that the rules are effectively implemented and enforced. The paper concludes that although the 2020 E-Commerce Rules have made strides in protecting consumer rights, further reforms are necessary to address emerging challenges and ensure equitable consumer protection in India’s expanding e-commerce ecosystem.

The Privacy/Antitrust Curse: Insights from GDPR Application in Competition Law Proceedings

In response to the emergence of large online platforms whose business model revolves around the collection and processing of personal data, it is usually suggested that competition and data protection are synergistic, hence requiring an integrated approach. In this respect, Europe represents the testing ground for evaluating how privacy breaches may inform antitrust investigations. Indeed, the General Data Protection Regulation (GDPR) on the one side and the German Facebook antitrust decision on the other side are considered the benchmarks of this new stance aimed at linking market power and data power. This paper tests the concrete viability of such an approach, analyzing how data protection rules and principles have been applied in antitrust proceedings by the European Commission and national competition authorities. Notably, the paper aims at demonstrating the fallacy of the narrative which describes the relationship between privacy and antitrust in terms of synergy and complementarity. Furthermore, the paper maintains that the principles recently affirmed by the European Court of Justice in Meta do not appear conclusive in addressing the issue. The strategic use of privacy as a business justification to pursue anticompetitive advantages currently addressed in the numerous Apple ATT investigations indeed shows the tension between these areas of law. Therefore, rather than strengthening the antitrust enforcement against gatekeepers and their data strategies, the inclusion of privacy harms in antitrust proceedings turns out to be a potential curse for competition authorities, providing players with an opportunity for regulatory gaming to undermine the antitrust enforcement. JEL Codes: D83, K21, L12, L4

Ethics in sports industry: when does sports autonomy become an excuse for animal abuse?

Abstract Money pushes sports to extremes. As the rewards for success grow, so does the pressure, with sportspeople pushing themselves ever harder. In equestrian sports, this can mean pushing the horse as well, too often to the point of abuse. This article discusses the beautiful side of equestrianism as well as its darker side, which is a bitter reality for many competition horses. It sets out a comparison of legal standards for equine animal welfare (at the level of international law, EU law and national laws) as well as those coming from sports laws. It also examines dependencies between animal protection rules under EU law and animal protection rules under the laws of individual EU Member States concerning equestrian sports. It aims to answer the questions of whether equestrian sports constitute a general exemption to their being considered animal abuse and on what grounds this exemption might be changed in the future.

Legislative drafting techniques as a means of giving effect to the rule of law. The case of Ukraine

Ukraine is currently carrying out some reforms recommended by the Venice Commission of the Council of Europe and by the European Commission (in order to become a Member State of the European Union), in order to strengthen democracy, the Rule of Law, human rights and protection of minorities. The purpose of this article is to demonstrate that legislative drafting techniques are a means to give effect to the principle of the Rule of Law, when it comes to Ukraine; and to recommend that Ukraine improves the way its institutions draft/scrutinise bills, and adopts best practices from Europe. The methods of this article will be those of an analysis of constitutional law. The article will rely on the definition of the principle of the Rule of Law (given by A.V. Dicey and developed by Lord Bingham) and the idea that legislative drafting techniques can be seen as a means to give effect to such a principle. The Ukrainian current constitutional context (viz., the impossibility of amending its Constitution under martial law, due to Article 157 of the Constitution of Ukraine) will be considered. Some pieces of Ukrainian legislation will be analysed in the light of the Venice Commission’s recommendations. Some of the main legislative drafting techniques and their aims, in the light of the best practices from Europe, will also be analysed. The results of the article will set out that in such a current constitutional context, where the recommended reforms can be implemented only by Acts of Parliament (although some amendments to the Ukrainian Constitution would be appropriate), in Ukraine the quality of primary legislation becomes crucial to give effect to the Rule of Law. Therefore, the scientific novelty of the article will be to test general concepts with regards to the exceptional constitutional circumstances of Ukraine. The conclusions, thus, is that Ukrainian institutions (such as the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine and the President of the Republic of Ukraine) should improve the way they draft/scrutinise bills, adopting best practices from Europe, in order to improve the quality of primary legislation and, thus, to give effect to the principle of the Rule of Law.

(Mis)Adapting Domestic Law to Meet New International Environmental and Trade Rules: How Peru Changed Its Environmental and Land Use Rights Laws in Response to the European Union Deforestation Regulation

Abstract International and domestic laws are being enacted or adjusted to implement climate goals, such as to fight deforestation—a key source of carbon emissions in tropical countries like Peru. These laws are increasingly connecting trade and the environment and becoming more intertwined at the national and international levels. This analysis reviews Peru’s recent change of its domestic environmental and land tenure laws partially in response to the European Union Deforestation Regulation (EUDR) as one recent example of the complexities involved in this interaction. Promoters of this legislative change in Peru frame it as a necessary alignment with the EUDR, but environmentalists argue that it is an excuse to weaken domestic forest protection rules, contrary to the intentions of the EUDR. This case study shows the importance of understanding the specific context of each of the countries targeted by new international zero-deforestation rules and highlights the tensions these new policies can encourage.

Creating Comprehensive Cybersecurity Policies: Balancing Network Protection and Compliance with Privacy Laws

Since of the development of advanced devices, cybersecurity is presently an vital portion of both trade and government. "Making Comprehensive Cybersecurity Approaches: Adjusting Organize Security and Compliance with Security Laws" talks around how difficult it is to create cybersecurity frameworks that secure systems well whereas moreover taking after strict security laws. As the dangers against businesses change rapidly, they have to be put in put rules that lower risks like data hacks, ransomware, and dangers from interior the company. But they also have to be taken after protection rules like GDPR and HIPAA, which push to protect information, get consent from clients, and be open and legitimate. This exposition looks at how cybersecurity strategies and taking after the law can work together, centring on the leading ways to adjust desires of organizations for security with people's rights. It talks around critical things like encryption; get to rules, emergency activity plans, and ways to keep information as little as conceivable. By looking at real-life case ponders and administrative frameworks, this paper points to allow policymakers valuable data for making rules that are both secure and legitimate.

Leadership in Platform Engineering: Best Practices for High-Traffic E-Commerce Retail Applications

High-traffic retail applications need great platform engineering leadership to assure operational excellence and scalability in the continually changing e-commerce industry. This study examines how leadership matters in platform engineering for high-traffic e-commerce retail systems. It covers best practices, methods, and frameworks for managing and optimizing platforms with high traffic and flawless user experiences. The report defines platform engineering executives' key duties as connecting technology strategy with business objectives. Platform engineering leaders must be technical, innovative, manage cross-functional teams, and respond to market changes. Leaders must promote continual development and adaptability to maintain high performance in dynamic e-commerce settings. it focuses on the architectural design concepts that support high-traffic e-commerce systems. Leaders must ensure platform design is durable, scalable, and can handle peak traffic without performance deterioration. The article explores microservices architectures, containerization, and cloud-native solutions for scalability and flexibility. Effective data management and caching are also investigated to improve platform performance and user experience. Security is another important paper topic. E-commerce sites are obvious targets for cyberattacks, therefore executives must employ robust security measures. Proactive security, strict access limits, and vulnerability monitoring are best practices. The article emphasizes the need of data protection rules and industry standards to secure consumer data and build confidence.

Criminal Law Enforcement Against Perpetrators of Sexual Intercourse with Biological Children

Criminal law enforcement is important in dealing with cases of incestuous sexual relations involving children, aiming to uphold justice and protect victims from harm. The main objective of this study is to examine the effectiveness of law enforcement in the jurisdiction of Tabanan Police in handling cases. Using empirical research methods, this study analyzes legal principles such as the rule of law, legislation theory, legal protection, legal responsibility, and legal effectiveness. This research focuses on a specific case documented in Police Report No. LP-B/35/VII/2020/B: LP-B/35/VII/2020/Bali/Res Tbn, in which the perpetrator, MSP, was charged with violating Article 81(3) of the Child Protection Law, in conjunction with Article 64(1) of the Criminal Code, or alternative provisions under the law. The results showed that there are significant challenges hindering effective law enforcement, particularly the lack of qualified law enforcement officers compared to the number of cases, which hinders optimal case handling in the jurisdiction of Tabanan District Police. This research argues that effective law enforcement is essential not only to sanction perpetrators but also to ensure justice and protect child victims from violence and crime. The implications of this study underscore the need for increased competence among law enforcement officials to effectively handle such sensitive cases. By bridging the gap between legal provisions and law enforcement, this research advocates for systemic improvements to strengthen the law enforcement framework in combating the crime of incest against children.

Mitigating the Risks of Lower Extremity Injuries in Soccer: A Comprehensive Analysis of Lower Extremity Injury Rates in Soccer Between 2014 and 2023.

With events such as the Copa America 2024, the 2026 World Cup, and the arrival of European stars in Major League Soccer (MLS), the already observed and forecasted rise of soccer in the United States (US) seems to be an inevitable outcome. Although regular participation in soccer features several benefits, including increasing cardiovascular health, decreasing stress, and promoting interpersonal relationships, the risk of injury, as is the case in any sport, is ever present. Although many sports that are popular in America feature high rates of concussion, rotator cuff injuries, and general upper extremity injuries, soccer, being more strenuous on the lower-half of the body, features a disproportionate rate of lower extremity injuries. An analysis of the frequencies of these injuries, relative to factors such as year of injury, age, gender, location of injury, and diagnosis of injury, may help organizational bodies and soccer leagues implement new regulations regarding the usage of protective equipment and rules regarding gameplay. This study aims to illuminate these takeaways in an effort to better patient care outcomes in soccer-related injuries. This paper utilized the National Electronic Injury Surveillance System Database (NEISS) to compile data on lower extremity soccer-related injuries within the defined study period, 2014-2023. Inclusion criteria for the study involved all patients presenting to the emergency department (ED) within the study period and within the defined age range of 0 to 69 years old, with injuries sustained from or related to soccer. Using NEISS, trends were elucidated discriminating based on year of injury, sex, age group, location of injury, and diagnosis group of injury. Within the defined study period of 10 years, from 2014-2023, there were approximately 843,063 total soccer-related lower extremity injuries which presented to various EDs across the US. Regarding majorities, the most injuries were sustained in 2014 (12.84% of total injuries), most patients sustaining injuries were male (66.6% of all patients), and within the age range of 10-19 years old (63.24% of all patients), with the most instances occurring at age 15. Lower extremity injuries were most reported to be affecting the ankle with 306,797 incidences (36.39% of total injuries seen) and the most frequent diagnosis group was reported to be strains/sprains with 396,420 (47.02% of total injuries seen) total occurrences. This study analyzes the incidents of lower extremity injuries while participating in soccer for the last 10 years, 2014-2023. The study provides new data regarding the frequency of injuries and their relative rate with respect to year of injury, age group, sex, location of injury, and diagnosis. The results of this study show injury majorities and trends which can be used to dictate changes in regulation regarding gameplay and the utilization of protective equipment in order to mitigate injuries related to the lower extremities in soccer.

О конституционно-правовом закреплении публичного статуса адвокатуры

This article is devoted to understanding the constitutional and legal consolidation of the public status of the bar as a non-governmental institution of social structure, serving as a mechanism for the implementation of constitutional guarantees of the rule of law and judicial protection of rights. Based on the philosophy of modern times and the basic postulates of the general theory of conflict, the work examines the competitive process of learning the truth in justice by organizing a system in the form of a simulated controlled conflict. Keywords

The Trend in Environmental Load in the European Union during the Period of 2012–2022

The environmental burden is a global problem affecting the European Union. A comprehensive analysis of the environmental burden is essential for creating strategies supporting sustainable economic development. This study attempts to answer the question of why, despite the continuously decreasing energy consumption of the EU, the environmental burden of this region is not substantially decreasing. This study provides novel insights into this research area by integrating EU economic dynamics and environmental efficiency indicators. In this study, we used the IPAT method. Before the main analysis, the researcher conducted cross-sectional dependence, slope heterogeneity, and Westerlund cointegration tests using the primary data. Based on the results, the EU member states were classified into clusters, and a linear trend model analysis was carried out. The results show that the total environmental load of the EU did not decrease significantly between 2012 and 2022. The fact that the environmental burden remained at the same level is explained by the fact that there were 16 member countries whose total environmental load increased but whose economic output was lower during this time period. This was offset by 11 member countries with high economic outputs, whose total environmental load decreased. This study proved that GDP growth was the main driving force maintaining the total environmental load at the same level. The EU should encourage member states to continue to implement environmental protection rules to limit and eliminate costly environmental burdens on their societies and economies. This study can be helpful to researchers, political decision-makers, and experts working on environmental public policies for the EU.

Research on Personal Information Protection in the Context of Generative Artificial Intelligence

Personal information is the foundation of generative AI, and ChatGPT-like generative AI needs to process a large amount of personal information at various stages such as model training, model generation, and model optimization, which also has a certain impact on traditional personal information protection rules. During the information collection phase, generative AI may fugitive the informed consent rules and infringe on the privacy rights of information subjects. In the information utilization stage, generative AI may impact basic personal information processing rules such as the principle of purpose limitation and the principle of openness and transparency, increasing the risk of personal information leakage. At the information generation stage, generative AI can generate false and discriminatory information. Therefore, in the context of generative AI, personal information protection is faced with the problems of the notification and consent rules being hollowed out, the principle of minimum necessity being voided, and the frequent leakage of personal information. Based on this, it is necessary to promote the transformation of the "personal control center to the risk control center" of the notification and consent rules, promote the risk-based interpretation of the principle of least necessary, and improve the risk-based personal information protection compliance system to solve the problem of personal information protection in the context of generative AI.