All the contents
Articles
1. Introduction. 2. The European Law Approach. 3. Islamic Law and E-Commerce. 4. Some First Conclusions.
Data Protection Online: Alternative Approaches to Sensitive Data?
The paper aims to review the criterion of "sensitive data" under Art. 8 of the Data Protection Directive 95/46/EC (DPD) in the online environment. Sensitive data is defined under Art. 8 as 'personal data revealing racial origin, political opinions or religious or philosophical beliefs, trade union membership, and the processing of data concerning health or sex life.' Following the Lindqvist case (C-101-01), it is questionable how the criterion applies in practice. More specifically, it can be...
Cyber Torts: Common Law and Statutory Restraints in the United States
United States state courts administer common law principles that remedy injuries that arise from tortious activities. Federal statutory restrictions and overbroad federal court rulings have created immunity for many activities in the context of cyberspace. This paper reviews a number of state court decisions in the United States and surveys several basic tort principles in regard to their application to technology enhanced activities on the Internet. Tort concepts, under traditional common la...
The regulation of securities intermediaries such as brokers and broker-dealers has hitherto been based on agency issues arising out of the client-intermediary relationship. This paper argues that, even in the Internet age where the interaction between clients and intermediaries take place over the Internet, the agency rationale for regulation remains. However, the modalities of client-intermediary interaction take on certain characteristics that may affect the substantive regulation. As such,...
The EC and enhancing ship and port facility security
Introduction. 1. Legal framework of the multilateral measures on enhancing ship and port security. 1.1 New international standards for maritime security. 1.2 EU legislation. 2. Incorporation of the IMO measures into the Community law.2.1 Corresponding proposal from the Commission. 2.1.1 New legislative competence area for the Commission and competence areas of the Member States. 2.1.2 Legal basis. 2.2 EC Regulation 725/2004 on enhancing ship and port facility security. 2.2.1 Regulation as a t...
The Postal Acceptance Rule in the Digital Age
This article examines the application of the postal acceptance rule to email acceptances. Different views have been argued against the application of traditional rule like the postal acceptance rule, which was established in 1818 as a legal norm in contract formation to modern communications like the email. The paper presents the arguments and rationale behind the application of this rule and contends its applicability to the modern communication via e-mail. The paper posits that email is not...
