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EuroNum programme: IT law in Europe
Coordinator: Céline Castets-Renard
Digital concerns and laws of the European Union and Council of Europe
The Digital Agenda for Europe presented in 2010 forms one of the seven pillars of the Europe 2020 Strategy.
Information technology gives rise to many issues that the European Union is working on.
The principal texts of the European Union and Council of Europe governing IT are presented here along with some issues connected to the deficiencies within the EU’s policy.
This profile sets out to define the main concerns and laws in this area, which have been the subject of various team studies at the IRDEIC, culminating in symposia or collective works.
At the moment, only one symposium has been scheduled with the members of the IRDEIC in partnership with the Toulouse Business School. It was entitled ‘Business and IT in Europe’ and was held in February 2015.

THE DIFFERENT DIGITAL ISSUES IN EUROPE STUDIED BY THIS RESEARCH PROGRAMME:

1.Political and geopolitical concerns
  • Revision: infrastructures, bodies like ICANN are American.
  • Research into real globalisation and Europe’s place in the debate.
  • Internet governance and sovereignty: global, interoperable, open internet.
  • Internet surveillance (Snowden case).
  • Reaction of EU Parliament, Commission and Council.
  • Place of the European Union in the world and transatlantic relations (US-EU at the conclusion of the Free Trade Agreement).
  • Net neutrality: rules governing access to the network and web services. Conceptual difference between Europe and the United States (Verizon case).

    2. Economic issues (internal market):digital economy, growth driver
     
  • Directive 2000/31/EC: electronic commerce of goods and services Proposed single European law on the sale and supply of digital content
  • Sale of regulated products; online gambling and betting; CJEU case-law (competition law and free supply of services), online sale of medication;
  • CJEU and Community rules on medication for human use
  • Proposal for a Regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market COM (2012) 0238.
Digital taxation
Intellectual property


  • Review of directives for better understanding of changes in IT law (Directive 2001/29/EC on copyright and related rights in the information society, currently under revision),
  • Directive 2012/28/EU on permitted uses of orphan works,
  • Directive 2014/26/EU of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market
Infrastructures: Network right
  • Review of the Telecoms Package
  • Competition law
  • Internet giants and monopolies in infrastructures and applications.
3.Cultural issues
  • Cultural policy (see French law and subsidies for creativity); Netflix in Luxembourg example; principle of free supply of services; lack of consistency in EU cultural policy.
  • Cultural exception: US-EU negotiations
  • American cultural dominance on the internet:soft power.
    What place is occupied by European culture?
  • Digitisation of European works by US internet giants (Google Books): European heritage? What reaction in relation to copyright and cultural rights?

4.Societal concerns: freedom and security (AFSJ)
Freedom
  • personal data protection; personal data package; revision of Directive 95/46/EC (new 2016 regulation and proposed directive on criminal matters of 25 January 2012)
Security
  • Commission regulation 611/2013 on the measures applicable to the notification of personal data breaches under Directive 2002/58/EC of the European Parliament and of the Council on privacy and electronic communications.
  • Cybercrime (proposed cybercrime directive (2013), Council of Europe Convention on cybercrime (2001)).Europol, Eurojust: which is fighting cybercrime?
  • Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA
Justice
  • Public health:ICT and health
  • e-administration: citizens, open data, open governance
  • Fundamental freedoms:CJEU case-law, freedom to trade, freedom of expression, right to internet access, personal data protection (PD package), right to security (AFSJ).
Balancing of interests.


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