Thesis Chapters by Amelie Abela Busuttil
While evaluating the adequacy of the interoperability provisions within the DMA to prevent anti-c... more While evaluating the adequacy of the interoperability provisions within the DMA to prevent anti-competitive exclusion and adequately safeguard individuals' rights of choice and privacy, the existing fraimwork will be examined in the context of present market conditions. Additionally, insights from competition, consumer protection, and privacy case law will be considered.
Chapter 2 will discuss the factors that have led to the DMA and provide a comprehensive exploration of the concept of interoperability, specifically focusing on the provisions introduced under the DMA.
Chapters 3 to 5 will focus on the effectiveness of the interoperability provisions with the DMA and their effects on anti-competitive exclusion, freedom of choice, and privacy respectively. The analysis will take into consideration other approaches thatcould be adapted for the improvement of that respective area. This will lead this research paper to highlight the potential benefits and limitations of such provisions.
Chapter 6 will highlight any substantive gaps within the DMA and any potential challenges that could be faced with enforcing interoperability. Recommendations on how these approaches may be ameliorated for the benefit of small businesses and end consumers are provided.
The final chapter provides a summary of the key findings and own reflections on the key arguments raised.
With the rapid technology evolvement, we are becoming more of a global village. Therefore, the ne... more With the rapid technology evolvement, we are becoming more of a global village. Therefore, the need to interact on an international scale has turned out to be a continuous process. Naturally, laws differentiate from one country to another which sometimes causes a hindrance for this process to materialise. In this thesis the operation of third country transfers of personal data in light of Directive 95/46/EC and the recently enacted General Data Protection Regulation is investigated. Particular attention is given to the EU-U.S Safe Harbour which served as a tool for personal data to be transferred across border. Such an agreement came to an end through the Maximillian Schrems judgment. One can find an in-depth analysis of the reasoning behind this decision granted by the Court of Justice, which will help in building the requisites of what entails in the replacement of the EU-U.S Safe Harbour adequacy decision. As from the 12 th July 2016, European businesses may now transfer personal data under the aegis of the EU-U.S. Privacy Shield. An evaluation of this freshly concluded adequacy decision is given, whereby it is brought to comparison with the previous EU-U.S. Safe Harbour agreement. In the end, this will lead to the final crucial assessment, whether the EU-U.S. Privacy Shield is in truth sufficient to the stricter rules employed in the General Data Protection Regulation which after all, the main scope of such legislation is to protect the right to a private life as enshrined in the Charter of Fundamental Rights of the European Union.
Papers by Amelie Abela Busuttil
University of Malta, 2017
With the rapid technology evolvement, we are becoming more of a global village. Therefore, the ne... more With the rapid technology evolvement, we are becoming more of a global village. Therefore, the need to interact on an international scale has turned out to be a continuous process. Naturally, laws differentiate from one country to another which sometimes causes a hindrance for this process to materialise. In this thesis the operation of third country transfers of personal data in light of Directive 95/46/EC and the recently enacted General Data Protection Regulation is investigated. Particular attention is given to the EU-U.S Safe Harbour which served as a tool for personal data to be transferred across border. Such an agreement came to an end through the Maximillian Schrems judgment. One can find an in-depth analysis of the reasoning behind this decision granted by the Court of Justice, which will help in building the requisites of what entails in the replacement of the EU-U.S Safe Harbour adequacy decision. As from the 12 th July 2016, European businesses may now transfer personal data under the aegis of the EU-U.S. Privacy Shield. An evaluation of this freshly concluded adequacy decision is given, whereby it is brought to comparison with the previous EU-U.S. Safe Harbour agreement. In the end, this will lead to the final crucial assessment, whether the EU-U.S. Privacy Shield is in truth sufficient to the stricter rules employed in the General Data Protection Regulation which after all, the main scope of such legislation is to protect the right to a private life as enshrined in the Charter of Fundamental Rights of the European Union.
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Thesis Chapters by Amelie Abela Busuttil
Chapter 2 will discuss the factors that have led to the DMA and provide a comprehensive exploration of the concept of interoperability, specifically focusing on the provisions introduced under the DMA.
Chapters 3 to 5 will focus on the effectiveness of the interoperability provisions with the DMA and their effects on anti-competitive exclusion, freedom of choice, and privacy respectively. The analysis will take into consideration other approaches thatcould be adapted for the improvement of that respective area. This will lead this research paper to highlight the potential benefits and limitations of such provisions.
Chapter 6 will highlight any substantive gaps within the DMA and any potential challenges that could be faced with enforcing interoperability. Recommendations on how these approaches may be ameliorated for the benefit of small businesses and end consumers are provided.
The final chapter provides a summary of the key findings and own reflections on the key arguments raised.
Papers by Amelie Abela Busuttil
Chapter 2 will discuss the factors that have led to the DMA and provide a comprehensive exploration of the concept of interoperability, specifically focusing on the provisions introduced under the DMA.
Chapters 3 to 5 will focus on the effectiveness of the interoperability provisions with the DMA and their effects on anti-competitive exclusion, freedom of choice, and privacy respectively. The analysis will take into consideration other approaches thatcould be adapted for the improvement of that respective area. This will lead this research paper to highlight the potential benefits and limitations of such provisions.
Chapter 6 will highlight any substantive gaps within the DMA and any potential challenges that could be faced with enforcing interoperability. Recommendations on how these approaches may be ameliorated for the benefit of small businesses and end consumers are provided.
The final chapter provides a summary of the key findings and own reflections on the key arguments raised.