Search

TABLE OF CONTENTS I. INTRODUCTION 115 II. DATA SHARING 119 PROBLEMS A. Harms to Data 121 Subjects B. Obstacles to Cross-Border 128 Data Sharing C. Lost Opportunities from the Lack [...], A small number of large companies hold most of the world's data. Once in the hands of these companies, data subjects have little control over the use and sharing of their data. Additionally, this data is not generally available to small and medium enterprises or organizations who seek to use it for social good. A number of solutions have been proposed to limit Big Tech "power," including antitrust actions and stricter privacy laws, but these measures are not likely to address both the oversharing and under-sharing of personal data. Although the data trust concept is being actively explored in the United Kingdom, European Union, and Canada, this is the first Article to take an in-depth look at the viability of data trusts from a US perspective. A data trust is a governance device that places an independent fiduciary intermediary between Big Tech and human data subjects. This Article explores how data trusts might be configured as bundles of contracts in the information supply chain. In addition to their benefits for the social good, data trusts might contribute to relieve some of the tension between EU and US privacy practices.

Compensation is widely claimed within public criminal prosecutions, not within civil proceedings. In addition to procedures on defending general consumer interests, Spain introduced a notable reform in 2000, providing for damages claims to be brought collectively in consumer cases, particularly by consumer associations. Keywords: class actions; collective actions; consumer law; environmental law

The model presented by Morris Altman for behavior of individuals and firms in rational economic and competitive markets duly integrating moral, ethical and altruistic conduct is examined for its efficiency and the role that government can play for improving the ethical behavior.

What are the implications of the current international political, and economic settings for consumer policy, and, in particular, those regarding sustainable consumption? In terms of improvements in the efficiency of consumption, the settings have induced efforts to this effect and show potential for further progress. In terms of necessary changes in consumption levels and patterns, however, little progress has been made since the Rio Summit nor is there likely to be any in the near future. These two dimensions of sustainable consumption need to be differentiated, as there is a substantial amount of controversy regarding our ability to achieve sustainable consumption on the basis of improvements in efficiency alone. The paper traces these differences with respect to the work of the major international governmental organizations (IGOs) engaged in developing sustainable consumption governance. It argues that the lack of commitment to strong sustainable consumption among IGOs can be explained by their 'weakness' as actors in global governance and the existence of strong opposing interests among consumers and business actors.

Despite its great potential for being a valuable research tool for practitioners and academics dealing with European comparative law, CLAB Europa, the publicly accessible electronic database on unfair terms in consumer contracts, has largely been ignored to date. The database's wealth of data and its sophisticated query functions allow useful conclusions regarding the use of and the case law on standard terms in consumer contracts from both a national and a Community law perspective. This is illustrated by statistical analyses of parts of the CLAB data set. However, there are also shortcomings with regard to the quality and the presentation of the data which have to be overcome in order to make full use of the potential of CLAB.

Students of comparative politics have highlighted different styles of regulation in the U.S. and Europe. These differences also apply to consumer policy and its different models of governance. The paper holds that governance is a key variable but adds aspects of issue framing. Two examples of consumer policy are analysed: regulation of genetically modified organisms and tobacco control. The case studies show that features of governance such as adversarial legalism or the precautionary principle are not necessarily linked to distinctive styles of regulation. Instead they vary across policy fields. Only a mix of governance elements and framing opportunities for interest groups can explain output and new directions of consumer policy. Dilemmas of collective action appear to be shrinking for consumers because framing trumps mobilization of members.

Outside the area of e-commerce, the selling of customer lists has generally been allowed absent a contract preventing such action. However, courts have often treated Internet companies differently. This double standard favors large companies over small and should be eliminated.

Byline: Magdalena Sengayen (1) Abstract: The purpose of this paper is to show what the future implementation of the Consumer Sales Directive by Poland may involve. The analysis focuses on the substantive legal and other changes necessary to give full effect to the Directive. Polish guarantees law is compared with the Directive in order to identify similarities and divergences and highlight areas in need of reform. A brief account of the extra-legal factors affecting the position of consumers in post-Communist countries supplements the legal analysis in order to show what sort of reforms are necessary. It will be demonstrated that the black letter laws do not need as much change as certain other issues, such as political, economic, and social factors, and, most of all, the idiosyncrasies of the legal profession. Finally, the role of the European Communities in the process of harmonisation of post-Socialist laws with the European Union standards is briefly analysed. Although the analysis of guarantee laws is focused on Poland, the reader is encouraged to see the wider picture of post-Communist countries of Central and Eastern Europe, and the specificity of the position of consumers there. Author Affiliation: (1) Law School, University of Westminster, Regent Campus, 4 Little Titchfield Street, London, W1P 7FW, UK Article History: Registration Date: 10/10/2004

Byline: James Tunney (1) Abstract: Consumer law and consumer lawyers may perhaps be accused of having an unduly narrow and mechanistic view of its nature and ambit. While the increased input from other discourses is changing the balance in a positive way, it is arguable that consumer lawyers have remained in some fairly recognisable ruts. One of the examples of this introspection is the failure to have a healthy dialogue with competition law, which is undoubtedly one of the most logically contiguous domains. A particular example of a neglected niche is that of the tension between disclosure of information in consumer and competition law contexts. While such gaps may seem slight, they allow some light to shine on the possible future path of consumer law. It is important to examine such contexts in order to expand the intellectual foundation of consumer law. Author Affiliation: (1) Dundee Business School, University of Abertay Dundee, Old School, Bell St, Dundee, DD1 1HG, Scotland, UK Article History: Registration Date: 10/10/2004

This paper addresses the question of the relationship between consumer law and the protection of the environment. In contradiction to those who see the goals of consumer protection and environmental protection as being close to each other, this paper presents the relationship as one of conflict rather than one of harmony. Consumer law as an expression of the consumer society promotes goals which sometimes run counter to the environmental interest. This clearly comes to the fore when analysing the main consumer rights and their relationship to environmental issues. However, despite this basic incompatibility, the book of consumer law also contains some small stories of environmentally constructive behaviour. The telling of these good stories would require us to transcend the boundaries of traditional consumer law and to replace 'the consumer' by 'the citizen' who is interested not only in his own consumption but in all aspects of social life. In support of this development certain consumer law measures can be used to raise the awareness of consumers regarding environmental issues.

In September 1991 the Greek Consumer Protection Act No. 1961 was enacted. Chapter 2 of this Act establishes a legal framework for product safety. This framework has the dual aim of securing deregulation in the Greek market while maintaining effective consumer protection. This paper analyses the main features of this framework and demonstrates its inadequacies. It also investigates the extent to which these inadequacies could jeopardise an effective protection of consumers' interests. The paper concludes by emphasising that effective protection of consumers can only be achieved by supporting the general safety requirement with adequate accident-surveillance systems, mechanisms for investigation of risks, unambiguous risk-assessment criteria, creation of a comprehensive set of supporting standards that offer a high level of protection, effective control of the safety of products by the authorities, and real possibilities for consumer organisations to participate in the whole process.

The question has been raised of whether UK consumers have benefitted or suffered a decline in standards as a result of the UK's membership of the EC. Additionally some have queried whether the UK itself has fulfilled its obligations of implementing European Community law in this field. This article addresses these questions, concentrating on areas the authors deem to be of specific relevance to UK consumers, namely, product liability, package holidays, misleading advertising and enforcement. The treatment of these areas is preceded by a discussion of the basic philosophies underlying UK and European Community consumer protection policies.

The European Commission's proposed regulations governing the mail-order contracts and other forms of distance selling is presented. The proposal evolved as part of the Commission's efforts to protect consumer's economic interests. The Commission recognizes the need to explore alternative means of marketing goods and services such as videotex, television, telephone which allows consumers the convenience of ordering from their homes.