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International transfers of personal data outside the European union
Pechová, Tereza ; Svobodová, Magdaléna (advisor) ; Exner, Jan (referee)
Cross-border data flows from the EU: Data protection and the right to privacy Abstract This thesis discusses the legal concepts of privacy and personal data protection, the EU legal framework, specifically the relevant primary law and secondary EU law such as the Data Protection Directive and the General Data Protection Regulation. The thesis further examines the concept of international transfers of personal data outside the European Union and the legal basis for such transfers, as regulated by the GDPR, its different methods and their comparison in relation to their scope and specific use. The author considered the definition of the adequacy decision, the process of granting such a decision and its criteria to be essential. Subsequently, the thesis dealt with the presentation of appropriate safeguards as alternative methods of international transfers of personal data under EU law. The focus of the thesis is to introduce the third country regime using the example of the United Kingdom of Great Britain and Northern Ireland as a former EU Member State. In this respect, the thesis examines the development of UK data protection law in terms of international data transfers after Brexit. The thesis has looked into the negotiations between the UK and the EU on their trade and cooperation agreement. Particular...
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Reform of the Prospectus Regime
Illmann, Erik ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English This diploma thesis explores the ongoing reform of the prospectus regime in the European Union. On 30 November 2015, the European Commission presented a proposal for a new regulation, which is to replace the current so-called Prospectus Directive. The primary aim of this thesis is determine the shortcomings of the current prospectus regime and to critically analyze the proposal in order to determine, whether it addresses these shortcomings and whether it improves the prospectus regime in general. The thesis consists of three main parts: the first introduces the prospectus, its characteristics and current regulation in the EU; the second explores and analyses the proposal itself and makes conclusions on the proposed changes; the third and final part explores the topic of prospectus liability and conflict-of-law rules. Based on the conducted research I arrive at the conclusion that the biggest issues of the current prospectus regime are the high costs connect to the preparation of a prospectus, inflexible disclosure requirements for certain types of issuers, ineffective retail investor protection and diverging implementation of the Prospectus Directive across EU member states. While the European Commission's proposal addresses most of these shortcomings and certainly represents an...
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Treating social media platforms as public utility: the case of the DSA package
Rybnikár, Jakub ; Špelda, Petr (advisor) ; Střítecký, Vít (referee)
Social media platforms have become deeply entrenched in contemporary social reality. For this, there has been a surge in scholarship investigating the numerous harms and risks such technoscientific artifacts pose to society. To tackle the risks, the European Union has put forward a set of policy initiatives and legislative proposals that ought to provide a comprehensive response to the increasingly fragile security environment. Despite recent efforts to take on this emerging security threat, there has been very little theoretical and empirical scholarship regarding the intersection between security, technology and law. One of the most intriguing, yet heavily understudied, areas of this intersection is the conceptual understanding of social media platforms. Based on recent insights from security, media and legal scholars, this thesis seeks to introduce a new agenda to the discipline of security studies by applying a novel concept, it being public utility, on social media platforms and thus producing crucial empirical evidence. Utilizing the multiple streams framework, the thesis performs a qualitative content analysis on the EU stakeholders' contributions to the European Commission consultation on the Digital Services Act package. The analysis of the selected texts reveals a significant overlap...
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Replacement of directives with regulations on the example of legislation concerning protection of personal data within the EU
Suchanová, Kateřina ; Svobodová, Magdaléna (advisor) ; Král, Richard (referee)
The objective of the master thesis Replacement of directives by regulations on the example of personal data protection legislation in the EU is to describe the process of simplification of EU legislation based on the study of relevant political and legislative texts, especially with emphasis on the process of replacing directives by regulations. The first part of the master thesis focuses on the development of the process of simplification of the EU acquis, and then on the analysis of regulations that have been adopted since the late 1980s, and which partially or completely replaced the regulation contained in the directives. Based on the analysis of the proposals and the preambles to the adopted regulations, the reasons for the replacement were subsequently specified. The reasons are further categorized and described. The main research question in this part of the master thesis was to determine whether the replacement of directives by regulations is an appropriate tool used to simplify European Union legislation, whether it eliminates problems that may arise during the implementation of directives governing the issue and what are the main reasons that are specified by the EU legislators as a justification for the adoption of a new replacement legislation. In the second part, the master thesis...
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Cross-border data flows from the EU: Data protection and the right to privacy
Pilgrim, Jan ; Svobodová, Magdaléna (advisor) ; Navrátil, Petr (referee)
Cross-border data flows from the EU: Data protection and the right to privacy Abstract This thesis outlines the privacy and data protection concepts, the legal framework of the EU, namely the relevant primary law, including the Charter of the Fundamental Rights, and secondary law, such as the Data Protection Directive and General Data Protection Regulation. It furthermore examines the data protection and privacy regime of the United States with regards to private entities as well as government authorities, giving a focus on the surveillance measures of the latter and their legal basis. With regards to the private entities, the sectorial nature of the US legal regime was emphasized, and the lack of systematic legislation was illustrated. Particular focus was given to known related surveillance measures such as PRISM and Upstream and their legal basis in US law via Section 702 of the Foreign Intelligence Surveillance Act. Recourse mechanisms with regards to data protection rights were detailed and analyzed. The thesis subsequently examines the two former adequacy decisions issued by the Commission, the Safe Harbor and Privacy Shield frameworks, and points out their deficiencies which were assessed in the light of relevant case law, namely the so-called Schrems I. and Schrems II. cases, elaborating on their...
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Market access approach in relation to the internal market
Machovičová, Tereza ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The market access approach refers to a way of interpretation of the notion of restriction to free movement advanced by the Court of Justice of the European Union. The rationale behind the concept, as it emerged from the landmark judgment in Commission v. Italy (Trailers), is that any measure that hinders access to the market is prima facie considered as a restriction to free movement and is therefore held incompatible with EU law unless the Court finds it justified and proportionate. Applying the market access approach the Court seems to have departed from its previous case law as it does not require a measure to be discriminatory in any way. Instead, a measure is already found to constitute a restriction if it is liable to discourage economic operators from accessing the market of a Member State or making such access less attractive or more difficult. On one hand, this interpretation allows the Court to strengthen integration and contribute to establishing the internal market free from any obstacles. On the other hand, it considerably extends the scope of the notion of restriction to free movement and therefore the scope of EU law in general. Particularly, the market access approach allows the Court to strike down an immense amount of national measures and thus intrude into national regulatory...
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The Right to the Protection of Personal Data in Article 8 of the Charter of Fundamental Rights of the European Union
Mádr, Petr ; Král, Richard (advisor) ; Zemánek, Jiří (referee)
This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...
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Collective administration in digital era
Bajáková, Eva ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of the present thesis is to examine an impact of reproductive and recording technique and of the global network of the Internet on the institute of collective management of copyright and related rights which forms traditional part of the system of copyright law. Firstly, the thesis embeds an issue of the institute of collective management into the appropriate legal framework and historical context. The delimitation of collective management's purpose follows; an emphasis is placed on the position of the collective manager of copyright as an intermediary between the competing interests of the right holders and interests of users. It is explained that the change of manners of communication of the work to the public from "point-to-mass" to "point-to-point" tends to weaken such position. The real and legal monopoly of collective management is scrutinized and conclusions of academics drawn from the coexistence of copyright management companies on the market in the United States are contrasted in the following part of the thesis. The issue with licenses is addressed. The collision between the potential ubiquity of works made available on the Internet and the principle of territoriality (lex loci protectionis) is described and, simultaneously, legal issues connected with functioning of the system...
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Impact of Brexit on Private International Law
Brokeš, Dominik ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Impact of Brexit on Private International Law Abstract The thesis deals with the withdrawal of Great Britain from the European Union (Brexit) and analyses its consequences on private international law. Prior to Brexit, private international law in Czech-British relations was covered mostly by EU regulations. Great Britain ceased to apply regulations such as Brussels Ibis, Rome I and Rome II under the terms of the Withdrawal Agreement from 1 January 2021. The aim of the thesis is to identify and analyse possible substitutes for those no longer applicable EU regulations. Instruments eligible to ensure continuity of judicial cooperation in civil and commercial matters are the existing or newly concluded international treaties or the national laws. The thesis first examines the membership of Great Britain in the EU in a broader legal context, the procedure of the withdrawal, the position of Great Britain as a third state, the impact of Brexit on legal systems of Great Britain and on so-called EU external agreements. The following chapters focus on three essential issues of private international law - applicable law, international jurisdiction and recognition and enforcement of judicial decisions. The issue of the law applicable to contractual and non- contractual obligations has been resolved by the retention...
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