Tag Archives: comparative law

U.S. Concern about the European Right to Be Forgotten and Free Speech: Much Ado About Nothing?

Contents: 1. Introduction. – 2. The right to be forgotten in Europe. – 3. The right to be forgotten in the U.S. – 4. The EU Proposal for a General Data Protection Regulation. – 5.
False perspectives and real problems.

1. – After the official presentation of the EU Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), various opinions of lawyers and law scholars have been published in U.S. newspapers, legal blogs and law reviews. Many of these do not consider the entire framework of the new provisions and seem to use the rhetorical figure of synecdoche, considering a part (the right to be forgotten) for the
whole.

Read the full paper here

 

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India: new rules on data protection and effects on outsourcing processes

New paper published:

La nuova normativa indiana in materia di data protection: la protezione dei dati declinata in maniera funzionale all’outsourcing, in Contratto e Impresa Europa, 2011, pp. 708 ss.

keywords: comparative law – data protection – Indiaabstract: the paper analyzes the recent Indian regulation on data protection and highlights the influence that the industrial policy reasons have had in defining the new rules. The author examines the approach adopted by Indian law and the possible contrasts with EU data protection law.