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Arno R. Lodder and Andrew D. Murray

The editors of EU Regulation of E-Commerce: A Commentary, Arno R. Lodder and Andrew, introduce the European Union’s long history of investment in, encouragement for, and development of, electronic commerce and the strong, and mostly coherent, regulatory framework for the e-commerce sector. Besides this historical overview, they also discuss the move society has made from the physical to online and back again. Finally, all chapters contained in the book are briefly introduced. Keywords: EU policy, EU e-commerce, online, information society

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Edited by Arno R. Lodder and Andrew D. Murray

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Edited by Arno R. Lodder and Andrew D. Murray

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Tijmen H. A. Wisman

In the information society, in particular in the context of e-commerce, personal data plays a central role. Two different legal concepts, both fundamental rights, are data protection and privacy. The national legislation based on Directive 95/46 is still in force, but it will be replaced by the General Data Protection Regulation, published in Spring 2016. Tijmen Wisman (Vrije Universiteit Amsterdam) covers this broad area, including data breach notification, cookies, behavioural targetting and data subject rights. Keywords: data protection, privacy, right to be forgotten, behavioural targetting

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Jos Dumortier

After 15 years the original Directive on electronic signatures has been replaced by the e-IDAS Regulation. Jos Dumortier (Time.lex Belgium) critically assesses both parts of the Regulation. The first part deals with electronic identification that can be used for cross-border public services. The second part introduces next to the already known electronic signature legal norms for four newly introduced services, viz. electronic seals, time stamps, registered delivery services as well as web authentication services. Keywords: electronic signatures, identification, authentication, electronic seals

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Edited by Arno R. Lodder and Andrew D. Murray

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Edited by Arno R. Lodder and Andrew D. Murray

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Magnus Strand

Chapter 9 is the final Chapter of the book. Sections 9.B, 9.C and 9.D offer summaries of the findings in previous chapters with regard to the three main legal issues triggered by the passing-on problem. These first issue is access to court (Section 9.B), under which it is asked whether access to claim damages or restitution, as the case may be, should be limited to certain classes of claimants based on the fact that the burden of a charge may have been passed on. The second issue is substantive proximity (Section 9.C) between the original event and downstream claimants. The third legal issue identified is estimating the amount of damages or restitution payable to the respective claimants along the supply chain, and whether that amount should take account of the fact that a financial burden – or any portion of it – has or could have been passed on. After these summaries Section 9.E discusses how actions from various levels of a supply chain might be coordinated in order to find a comprehensive approach to the passing-on problem. Section 9.E.I discusses how the interests of the parties can be reconciled in a comprehensive solution that seeks to satisfy the interest(s) of reparation. In Section 9.E.II the general interest of deterrence and the interrelationship between private and public enforcement of EU law is added to the assessment. In the final Section 9.F it is endeavoured to find a way to reconcile the interests discussed into a comprehensive blueprint that is capable of being compatible with settled EU law throughout the contexts discussed in this book. A suggestion for such a comprehensive blueprint is submitted which is incentive driven, which respects the traditional characters of damages actions and restitutionary actions, and which avoids multiple liability while nevertheless safeguarding full reparation. Keywords: EU law, private enforcement, damages law, restitution law, passing-on, indirect purchasers
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Magnus Strand

This second Chapter of the book presents the EU law principles designed to ensure the effective judicial protection of rights conferred on individuals by EU law. It is acknowledged that the precise interrelationship between the various EU law principles at issue is not clear, but it is submitted that the traditional structure of rights, remedies and procedures is useful for the purposes of this book. It is consequently stressed that a right or interest protected by EU law must first be identified before it can be relevant to discuss the effective judicial protection of that right or interest by way of remedies and procedures. With regard to remedies it is explained that EU law presupposes the existence of effective remedies available to individuals for the protection of their rights before the courts of the EU and the Member States. Where no sufficiently effective remedy is available EU law may require such a remedy be made available to the individual by the competent court, notwithstanding the limitations of its jurisdiction in that regard. It is also noted that EU law requires equal availability of remedies to individuals seeking to protect EU law rights as for individual seeking to protect rights conferred on them by national law. The significance of the right of access to court pursuant to Article 47 of the EU Charter is discussed, and the scope for limitations of that right under Article 52(1). Finally the EU law principles of equivalence and effectiveness are presented with a view to understand the scope and intensity of their application in EU law scrutiny of various elements of national law that may condition the use of relevant courses of action. Keywords: EU law, private enforcement, effective judicial protection, right to an effective remedy, EU Charter, principles of equivalence and effectiveness
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Magnus Strand