Legal Context Saskia Mermans  Ispa and the legislation  Legal Framework for the Internet: general observation  E-mail: Highlights of the legislation.

Slides:

Advertisements

Similar presentations

Cybercrime Conference Jakarta 19/20 March 2003 Joe McNamee European Perspective.

Advertisements

Electronic commerce EDI (8 decade) – base of EC – “Netscape” – propose SSL (Secure Sockets Layer) 1995 – “Amazon.com” “eBay.com” 1998 – DSL (Digital.

Cyber Security and Data Protection Presented by Mrs Drudeisha Madhub (Data Protection Commissioner ) Tel: Helpdesk:+230.

EU regulatory framework for electronic communications - Introduction Richard Harris Independent EU telecommunications consultant ICTtrain workshop London.

ICT development in Russia. The first step to paperless trade conception. Andrey Korotkov Senior Vice-President, CIO Vneshtorgbank.

Slide 1 Whois Workshop, ICANN Montreal Meeting Topic, June 2003 Privacy and Data protection consideration of the Whois directories discussion Diana ALONSO.

Eneken Tikk // EST. Importance of Legal Framework  Law takes the principle of territoriality as point of departure;  Cyber security tools and targets.

Legal Frameworks and Cyber- Security Discussion. Good Models to look at for Pacific Island Nations Tonga has a computer crime act (in review) – NZ does.

Policing the Internet: Higher Education Law and Policy Rodney Petersen, Policy Analyst Wendy Wigen, Policy Analyst EDUCAUSE.

International Telecommunication Union HIPSSA Project Support for Harmonization of the ICT Policies in Sub-Sahara Africa.

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 NATIONAL SPACE LEGISLATION: THE BELGIAN.

MEDIA LAW Copenhagen University SESSION 10 Dirk VOORHOOF Ghent University (->contact)

Role of Technology in GCC Integration. GCC Countries: the current status Gulf Cooperative Council Members Bahrain Kuwait Oman Qatar Saudi Arabia UAE.

Framework for Global Electronic Commerce Communications 411 Relevant Site:

Data Protection and Cybercrime The dilemma of Internet Service Providers CEENET Workshop 22 September 2002 Joe McNamee Regulatory Affairs Manager, EuroISPA.

IT security seminar Copenhagen, April 4th 2002 M. Jean-Michel HUBERT Chairman of the French Regulation Authority IRG Chairman.

Chapter 5 E-environment

Cisco Confidential © 2011 Cisco and/or its affiliates. All rights reserved. 1 Cloud Computing and Intermediary Liability Issues Global Policy and Government.

Chapter 1. Electronic Commerce  Brief History of Commerce and Communication  Introduction to Electronic Commerce  Laws Guiding E-commerce  Are we.

11 – E-Commerce 1. What is Electronic Commerce? 2. What is a contract? 3. Elements of an enforceable contract 4. Standard terms of a contract 5. Form and.

Confidential © IDA Singapore APEC-OECD Cooperative Initiative on Regulatory Reform February 2001 Singapore.

Vatera.hu Notice and takedown (NTD) Protocol Gergely SzékelyJanuary 12, 2009 ICTrain 2009 eCommerce Day.

Baker & McKenzie Presented by Gabriela Vendlova 3 December 2002 Intellectual Property Rights: Importance of Trademark Protection in the Digital World.

EHRs and the European Union – current legislation and future directions. Dr Richard Fitton.

1 National Electronic Commerce Strategies The Malaysian Experience Ho Siew Ching Ministry of International Trade and Industry Malaysia Expert Meeting on.

TTIP: an opportunity for the Digital Economy. The TTIP represents an enormous opportunity to re-balance the Digital Economy landscape The regulatory component.

Tackling IT crime in a global context: the Convention on Cybercrime 3 years after Julio Pérez Gil University of Burgos, Spain.

THE E-COMMERCE LEGAL ENVIRONMENT Bangkok, November, 2002 David Marsh.

CHAPTER 10 Technology Issues.

Jean Monnet Professor for European Integration Technical University Berlin Department of Computer Science Lithuania's future role in the European information.

The European influence on privacy law and practice Nigel Waters, Pacific Privacy Consulting International Dimension of E-commerce and Cyberspace Regulation.

Unsolicited Commercial Meeting of Oftel Internet Forum 22 July 1999 EU Distance Selling Directive provisions on unsolicited .

Environments of LSOs. Environments is the term used to describe the context in which business is carried out. There are two main environments: Internal:

E-Transformation Turkey Project State Planning Organization March 17, 2005 Interoperability and Metadata Workshop Ankara, Turkey.

Slide 1 E-commerce strategies: The basic elements of an enabling environment for e-commerce Geneva 11 July 2002 EU Perspectives on Electronic Commerce.

E-Commerce as a key facilitator for SME Competitiveness, Geneva, May 2008 Professor Ian Walden, Of Counsel, Baker & McKenzie & Head of the Institute of.

1 Wizards of OS 3 The Future of the Digital Commons Berlin - June 10 to 12, 2004 International Copyright in the Digital Era Geidy Lung WIPO Copyright Law.

2011 East African Internet Governance Forum (EA – IGF) Rwanda Cyber briefing: Positive steps and challenges Didier Nkurikiyimfura IT Security Division.

Regulatory Transparency and Efficiency in the Communications Industry in Australia Jennifer Bryant Office of Regulation Review Australia.

ISPA Internet Week Regulatory Session The Regulation of Interception of Communications (RIC) Bill 12 September 2002 Tracy Cohen.

11/6/2015 / 1 Electronic Commerce Branch UNCTAD - United Nations Conference on Trade and Development Overview of Selective Legal.

Freedom of Expression in the Information Society : Some Current Issues & Development Dr. A.K. Chakravarti * Adviser Department of Information Technology.

Cloud Computing, Policy Management and Standardization Europe Identity Conference 2011 John Sabo, Director Global Government Relations, CA Technologies.

E-government experiences and other issues EL SALVADOR Public FTAA.ecom/inf/140 June 4, 2002 Original: Spanish Translation: FTAA Secretariat.

CO-OPERATIVE GOVERNANCE OF THE INTERNET: A EUROPEAN PERSPECTIVE Michael Latzer Presented at the International Seminar "Internet:

Digital evidence in criminal proceedings: legal considerations Arkadiusz Lach Department of Criminal Procedure Faculty of Law University of Nicolaus Copernicus.

The Fragmentation of EU Contract Law Provisions 22/06/2012 Tamas Dezso Czigler Institute For Legal Studies SSC, Hungarian Academy of Sciences

Postgraduate Course LAW AND NEW TECHNOLOGIES Facultad de Derecho Universidad de Valladolid España.

National IS strategy in the Czech Republic Vladimír Mlynář.

Information Security Legislation Moving ahead Information Security 2001 Professional Information Security Association Sin Chung Kai Legislative Councillor.

Ioannis Iglezakis Computers and Law: Cyberlaw. Bibliography Cyberlaw in Hellas, 2003 D.Bainbridge, Computer Law, 2000; I. J. Lloyd, Information Technology.

Country case study: The Netherlands The views expressed in this paper are those of the authors and do not necessarily reflect the opinions of the ITU,

Highlights on the New ICT Strategy After the 25 th January Revolution Dr. Mohamed Salem Minister of Communications and Information Technology October 2011.

Ecommerce Applications 2007/8 E-Commerce Applications UK e-Commerce Regulations.

1 Implementing the new copyright legislation Andrew Braid Licensing & Copyright Compliance The British Library.

Mr C Johnston ICT Teacher

Presentation by the Chief Negotiator Petras Auštrevičius “EU Integration and Information Society Development in Lithuania” The 4 th International Conference.

GSDI 6 Conference - From global to local Workshop on Legal and Policy issues 16 September 2002 Re-use and exploitation of public sector information Daniele.

The legal aspects of eHealth: the specific case of telemedicine Céline Deswarte ICT for Health Unit, European Commission TAIEX Multi-country seminar on.

Purchasing Rights on line Domenico Sindico Turin Master of Law in Intellectual Property WIPO / UNIVERSITY OF TURIN.

E-commerce and the Law EC  E-commerce and the Law List     End Overview of E-commerce Law The Law Issues in EC’s Transactions.

Privacy and ‘Big Data’: the European perspective Human Subjects’ Protections in the Digital Age: IRB, Privacy and Big Data Peter Elias, University of Warwick.

ADDRESS BY MINISTER OF COMMUNICATIONS Dr Ivy Matsepe-Casaburri LAUNCH OF ELECTRONIC COMMERCE POLICY July 1999.

Part of Legislative Tools and Other Means To Combat Electronic Crime.

Human Rights and the European Harmonisation of Intermediary Liability in Copyright Christina Angelopoulos, Centre for Intellectual Property and Information.

PRESENTATION OF MONTENEGRO

Dan Tofan | Expert in NIS 21st Art. 13a WG| LISBON |

Audiovisual Sector Social Dialogue Committee

Backdoor regulation: the European Audiovisual Media Services (AVMS) Directive Tony Ballard, Partner, Harbottle & Lewis LLP, Advisory Council of the London.

LO1 - Know about aspects of cyber security

Presentation transcript:

Legal Context Saskia Mermans  Ispa and the legislation  Legal Framework for the Internet: general observation  Highlights of the legislation in Europe and Belgium  Conclusion

Co-regulation

Ispa and the legislation

Legal framework for the internet: general observation  Past: the option was taken towards more and specific Internet regulation. BUT the big hype in particular as to e-commerce didn't come through.  Present: the option is taken towards adapting the "old" law to the new technology: i.e. copyright directive; e-commerce directive IN GENERAL: OFF LINE = ON LINE  Future: the law is driven by market dynamics and globalization but “nothing is permanent, but change”.

Highlights of the legislation in Europe and Belgium  Privacy & cybercrime  E-commerce & E-confidence  Copyright

Highlights of the legislation in Europe and Belgium PRIVACY & CYBERCRIME * Privacy in general: - Europe: - Data Protection Directive 97/66: “Safe Harbour Principles” - Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out - Belgium: - Law 21/03/1991 Telecommunications Act - Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/ Proposal of Law of Senator Destexhe: at the workplace - Law Trade Practices Act

Privacy in general: - Europe: - Data Protection Directive 97/66: “Safe Harbour Principles” - Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out - Belgium: - Law 21/03/1991 Telecommunications Act - Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/ Proposal of Law of Senator Destexhe: at the workplace - Law Trade Practices Act * Key issues: Commercial s: Opt-in/opt-out => complete harmonisation throughout Europe is necessary => avoid competitive disadvantage for Belgium economy Highlights of the legislation in Europe and Belgium

CYBERCRIME: - Belgium: - Law 28/11/2000 Computer related crime - Interception: Law 30/06/1994; Draft Royal Decree - Co-regulation: ISPA Cooperation Protocol 28/05/1999 * Key issues: - Retention of data: a clear legal framework is necessary as to “what” needs to stored and for how long - Internet & interception: technical solution is needed - Legal security for the operation - Cross-border implications Highlights of the legislation in Europe and Belgium

COPYRIGHT - Europe: - Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, “Copyright Directive” - Belgium: - Law 30/06/1994 Copyright - Proposal of Law of Senator Monfils to transpore the Copyright Directive * Key Issues - ISPs need to have the right to “technical copying” (i.e. caching) => There will be no Internet anymore Highlights of the legislation in Europe and Belgium

E-COMMERCE & E-CONFIDENCE - Europe: - Directive 08/06/2000 E-commerce Directive * Liability of the ISPs: - Exemption of liability in case of “carrier” role (“mere conduit”) - Limitation of liability in case of “hosting” role * Applicable law: country of origin - Directive 1999/93/EC Digital Signature - Belgium: - Law 14/07/1991 Trade Practices Act - Project of Law 30/11/2001 to transpose the E-commerce Directive Highlights of the legislation in Europe and Belgium

Legal context: conclusion Internet in general, in particular = a "medium" => can be included in general laws A global approach is necessary -> world-wide approach Legislative process: involve the direct responsibles. => “don't shoot the messenger” Balanced solution including a co-regulation approach where possible and necessary.

Questions?