6 scenarios which provide a legal basis for data pro
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Hogeschool Rotterdam (HR)
International Business and Management Studies
Business Law
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Business Law
, 2020 – 2021
Week 1
Legislation for the following weeks:
Consumer rights directive – Directive 2011/83/EU of the European Parliament and of the
Council of 25 October 2011 on consumer rights.
Defective products directive – Council Directive 85/374/EEC of 25 July 1985 on the
approximation of the laws, regulations and administrative provisions of the Member States
concerning liability for defective products. This Directive is also referred to as the ‘’Product
Liability Directive’’.
General Data Protection regulation – Regulation (EU))2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard
to the processing of personal data on the free movement of such data, and repealing Directive
95/46/EC. This Regulation is often abbreviated as GDPR.
A directive is an order or
instrument issued by a high-
level body or official
EU Single Market (authorities).
One of the main goals of the European Union (EU) is to create a single market for people,
goods,
services and capital. The idea is that by removing the internal barriers between countries and
replace the national customs barriers with one barrier between the EU and the rest of the
world, the whole of the EU would benefit economically.
Digital Single Market (DSM): strategy in which the free movement of persons, services and
capital is ensured and where the individuals and businesses can seamlessly access and
engage in
online activities under conditions of fair competition, and a high level of consumer and
personal data protection, regardless of their nationality or place of residence.
The DSM Strategy was built on three pillars:
1. Access: better access for consumers and businesses to digital goods
2. Access: better access for consumers and businesses to digital goods
1. Access: better access for consumers and businesses to digital goods and services
across Europe.
2. Environment: creating the right conditions and a level playing field for digital networks
and innovative services to flourish.
3. Economy & Society: maximizing the growth potential of the digital economy.
What instruments does the EU have to create this single market? Article 288 (EU
Treaty): “To exercise the Union's competences, the institutions shall adopt regulations,
directives, decisions, recommendations and opinions”. Three of these instruments can create
a direct legal effect:
Regulations
Directives
Decisions
EU Regulation: legislation that is directly applicable in all Member States of the EU. Directly
applicable means that it creates rights and obligations for EU subjects (business and citizens)
without any further action by the national legislative authority.
2
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