Conveniently located at the cross-roads of Europe, Asia, and Africa, Cyprus has become a key-ADR venue in the region. Domestic and international commercial arbitration has prospered under a series of pro-arbitration national laws and international conventions. Nevertheless, in stark contrast to the strong position of commercial ADR in the country, consumer ADR remained, until recently, undeveloped. In examining the current status of consumer ADR in the Republic of Cyprus, this Report sets out the regulatory framework in the country, delineates various facets of the consumer ADR regime currently in force, and explores the application of EU Regulation No. 524/2013 on Online Dispute Resolution (ODR) to consumer disputes linked to the island.
{"title":"Consumer ADR in the Republic of Cyprus","authors":"Soterios Loizou","doi":"10.2139/SSRN.3241395","DOIUrl":"https://doi.org/10.2139/SSRN.3241395","url":null,"abstract":"Conveniently located at the cross-roads of Europe, Asia, and Africa, Cyprus has become a key-ADR venue in the region. Domestic and international commercial arbitration has prospered under a series of pro-arbitration national laws and international conventions. Nevertheless, in stark contrast to the strong position of commercial ADR in the country, consumer ADR remained, until recently, undeveloped. In examining the current status of consumer ADR in the Republic of Cyprus, this Report sets out the regulatory framework in the country, delineates various facets of the consumer ADR regime currently in force, and explores the application of EU Regulation No. 524/2013 on Online Dispute Resolution (ODR) to consumer disputes linked to the island.","PeriodicalId":15724,"journal":{"name":"Journal of European Consumer and Market Law","volume":"52 1","pages":"126-129"},"PeriodicalIF":0.0,"publicationDate":"2018-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84454861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article offers a critical account of the concept of “citizen-consumer” in the context of smart cities. This hybrid concept emerged in the 1990s with the New Labour Movement in the setting of the liberalization and privatization of public infrastructures to refer to the consumption of public goods and services. The notion of “citizen-consumer” recently reappeared in the literature on smart cities as public bodies collaborate closely with private actors to offer more responsive, efficient, and data-driven public services to their residents and visitors. In this modern form of privatization, public bodies treat citizens as consumers of data-driven services. In this article, I argue that treating citizens as consumers can be problematic for four reasons: (i) citizenship and consumer protection have different political and economic foundations; (ii) it relies on the heavy collection of personal data by both public bodies and private companies; (iii) it assumes—often incorrectly—that citizen-consumers in cities have choices and can refuse to give their consent to the data collection underlying the provision of smart public services; (iv) it excludes citizens who are less tech-savvy, do not fit in the vision of smart cities or wish to remain offline. Drawing on an interdisciplinary analysis of the literature on the liberalization of public services, smart cities and consumer protection, this article aims to contribute to the legal literature by shedding new light on the concept of “citizen-consumer” and its implications for the inclusiveness of public services.
{"title":"Citizens as Consumers in the Data Economy: The Case of Smart Cities","authors":"S. Ranchordás","doi":"10.2139/SSRN.3216389","DOIUrl":"https://doi.org/10.2139/SSRN.3216389","url":null,"abstract":"This article offers a critical account of the concept of “citizen-consumer” in the context of smart cities. This hybrid concept emerged in the 1990s with the New Labour Movement in the setting of the liberalization and privatization of public infrastructures to refer to the consumption of public goods and services. The notion of “citizen-consumer” recently reappeared in the literature on smart cities as public bodies collaborate closely with private actors to offer more responsive, efficient, and data-driven public services to their residents and visitors. In this modern form of privatization, public bodies treat citizens as consumers of data-driven services. In this article, I argue that treating citizens as consumers can be problematic for four reasons: (i) citizenship and consumer protection have different political and economic foundations; (ii) it relies on the heavy collection of personal data by both public bodies and private companies; (iii) it assumes—often incorrectly—that citizen-consumers in cities have choices and can refuse to give their consent to the data collection underlying the provision of smart public services; (iv) it excludes citizens who are less tech-savvy, do not fit in the vision of smart cities or wish to remain offline. Drawing on an interdisciplinary analysis of the literature on the liberalization of public services, smart cities and consumer protection, this article aims to contribute to the legal literature by shedding new light on the concept of “citizen-consumer” and its implications for the inclusiveness of public services.","PeriodicalId":15724,"journal":{"name":"Journal of European Consumer and Market Law","volume":"30 1","pages":"154-161"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81565449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The possibility of ownership of data, or data property, is denied by most legal scholars. However, on closer inspection there exists an actual form of control over data files (instead of the information as such), which allows a limited recognition of property of data files. It is argued that this form of data ownership needs to be recognised. This is first shown by comparative research into the remedy of reclaiming data. Secondly it is argued that data ownership allows a more precise analysis of the practice of data harvesting, by showing that data ownership does not include ownership of licensed copies of data files.
{"title":"Data ownership and consumer protection","authors":"Eric Tjong Tjin Tai","doi":"10.2139/SSRN.3172725","DOIUrl":"https://doi.org/10.2139/SSRN.3172725","url":null,"abstract":"The possibility of ownership of data, or data property, is denied by most legal scholars. However, on closer inspection there exists an actual form of control over data files (instead of the information as such), which allows a limited recognition of property of data files. It is argued that this form of data ownership needs to be recognised. This is first shown by comparative research into the remedy of reclaiming data. Secondly it is argued that data ownership allows a more precise analysis of the practice of data harvesting, by showing that data ownership does not include ownership of licensed copies of data files.","PeriodicalId":15724,"journal":{"name":"Journal of European Consumer and Market Law","volume":"87 1","pages":"136-140"},"PeriodicalIF":0.0,"publicationDate":"2018-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82210275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Does the Amazon Dash Button Violate EU Consumer Law? Balancing Consumer Protection and Technological Innovation in the Internet of Things","authors":"C. Busch","doi":"10.2139/ssrn.3170985","DOIUrl":"https://doi.org/10.2139/ssrn.3170985","url":null,"abstract":"","PeriodicalId":15724,"journal":{"name":"Journal of European Consumer and Market Law","volume":"25 1","pages":"78-80"},"PeriodicalIF":0.0,"publicationDate":"2018-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72572010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The tale of Article 47 of the EU Charter of Fundamental Rights appears to be one of transformation and seduction. While the importance of the right to effective judicial protection is widely acknowledged, there is confusion and even controversy about its actual implications for national civil courts. This article revolves around the question how and why Article 47 may be referred to in European private law adjudication. It aims to shed light on the main characteristics and constraints of Article 47 Charter by analysing the case law of the CJEU concerning national remedies and procedures under Directive 93/13/EEC. Four key judgments of the CJEU are discussed. So far, the CJEU seems reluctant to accept the potential of Article 47 as a weighty source for interpreting national law, let alone for setting it aside or filling gaps in the enforcement and protection of EU rights at the national level. Yet Article 47 could shift the focus from the effective enforcement of EU law towards individual rights protection. As such, it may provide a valuable instrument for national civil courts in cases covering (aspects of) EU law.
{"title":"Metamorphosis? The Role of Article 47 of the EU Charter of Fundamental Rights in Cases Concerning National Remedies and Procedures Under Directive 93/13/EEC","authors":"Van Duin","doi":"10.2139/SSRN.3034205","DOIUrl":"https://doi.org/10.2139/SSRN.3034205","url":null,"abstract":"The tale of Article 47 of the EU Charter of Fundamental Rights appears to be one of transformation and seduction. While the importance of the right to effective judicial protection is widely acknowledged, there is confusion and even controversy about its actual implications for national civil courts. This article revolves around the question how and why Article 47 may be referred to in European private law adjudication. It aims to shed light on the main characteristics and constraints of Article 47 Charter by analysing the case law of the CJEU concerning national remedies and procedures under Directive 93/13/EEC. Four key judgments of the CJEU are discussed. So far, the CJEU seems reluctant to accept the potential of Article 47 as a weighty source for interpreting national law, let alone for setting it aside or filling gaps in the enforcement and protection of EU rights at the national level. Yet Article 47 could shift the focus from the effective enforcement of EU law towards individual rights protection. As such, it may provide a valuable instrument for national civil courts in cases covering (aspects of) EU law.","PeriodicalId":15724,"journal":{"name":"Journal of European Consumer and Market Law","volume":"65 1","pages":"190-198"},"PeriodicalIF":0.0,"publicationDate":"2017-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85614893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-04-01DOI: 10.5040/9781474202510.ch-001
S. Vogenauer
{"title":"The Image(s) of the ‘Consumer’ in EU Law","authors":"S. Vogenauer","doi":"10.5040/9781474202510.ch-001","DOIUrl":"https://doi.org/10.5040/9781474202510.ch-001","url":null,"abstract":"","PeriodicalId":15724,"journal":{"name":"Journal of European Consumer and Market Law","volume":"26 1","pages":"61-62"},"PeriodicalIF":0.0,"publicationDate":"2014-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79674873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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