The inadequate legislative response to e-signatures

This article examines the two most influential international initiatives on electronic signatures (UNCITRAL’s 1996 Model Law on Electronic Commerce and the 1999 EU Electronic Signature Directive). It considers whether the legislative approaches in Australia and the United Kingdom based on these initiatives are helpful in deciding whether lower level signature methods such as simple email messages are likely to satisfy a legal requirement for a signature. The conclusion reached is that they are unhelpful. The article goes on to consider whether legislative amendments based on UNCITRAL’s 2001 Model Law on Electronic Signatures or the 2005 UN Convention on the Use of Electronic Communications in International Contracts would improve the identified weaknesses. It concludes that such an update would clarify some issues, but that overall it will not solve the difficulties. The article ends with a brief speculation on the likely attributes of a more helpful approach.     

法律视域下农村基本公共服务有效供给探究

供需不均衡、财力投入不足、供给模式单一、效率低下是困扰农村基本公共服务有效供给的主要原因。依法治国方略确立了法律在国民生产和社会生活中的基本规范和根本性的指导作用。透过法律视角,分析基本公共服务供给中产生非均衡和低效这一现象的原因,可以为推进我国农村基本公共服务供给提供一条可行的路径,为此,我们必须从确立城乡一体化、完善相关法律制度、健全实体与程序的法律三方面着手。     

The introduction of data breach notification legislation in Australia: A comparative view

This article argues that Australia's recently-passed data breach notification legislation, the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), and its coming into force in 2018, makes an internationally important, yet imperfect, contribution to data breach notification law. Against the backdrop of data breach legislation in the United States and European Union, a comparative analysis is undertaken between these jurisdictions and the Australian scheme to elucidate this argument. Firstly, some context to data breach notification provisions is offered, which are designed to address some of the problems data breaches cause for data privacy and information security. There have been various prominent data breaches affecting Australians over the last few years, which have led to discussion of what can be done to deal with their negative effects. The international context of data breach notification legislation will be discussed, with a focus on the United States and European Union jurisdictions, which have already adopted similar laws. The background to the adoption of the Australia legislation will be examined, including the general context of data privacy and security protection in Australia. The reform itself will be then be considered, along with the extent to which this law is fit for purpose and some outstanding concerns about its application. While data breach notification requirements are likely to be a positive step for data security, further reform is probably necessary to ensure strong cybersecurity. However, such reform should be cognisant of the international trends towards the adoption of data security measures including data breach notification, but lack of alignment in standards, which may be burdensome for entities operating in the transnational data economy.     

Law enforcement access to personal data originally collected by private parties: Missing data subjects' safeguards in directive 2016/680?

Access by law enforcement authorities to personal data initially collected by private parties for commercial or operational purposes is very common, as shown by the transparency reports of new technology companies on law enforcement requests. From a data protection perspective, the scenario of law enforcement access is not necessarily well taken into account. The adoption of the new data protection framework offers the opportunity to assess whether the new ‘police’ Directive, which regulates the processing of personal data for law enforcement purposes, offers sufficient safeguards to individuals. To make this assessment, provisions contained in Directive 2016/680 are tested against the standards established by the ECJ in Digital Rights Ireland and Tele2 Sverige on the retention of data and their further access and use by police authorities. The analysis reveals that Directive 2016/680 does not contain the safeguards identified in the case law. The paper further assesses the role and efficiency of the principle of purpose limitation as a safeguard against repurposing in a law enforcement context. Last, solutions to overcome the shortcomings of Directive 2016/680 are examined in conclusion.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

The United States,Japan, and the European Union: comparing political economy approaches to China

Abstract

This paper examines US, Japanese, and European political economy approaches to China, and their effect on US–Japan and US–EU relationships. Great powers with a greater security concern in dealing with another major country care more about power while those with less of a concern are preoccupied with calculations for wealth. China's rise and its actions have posed a far greater security challenge to the United States and Japan and are driving the two countries closer together. The political economy game involving China reveals a dominant welfare motive among the advanced market economies. The ambition to transform China politically has diminished. China's integration into the global market makes a relative gains approach difficult to implement. Globalization simply limits the ability of a state to follow a politics-in-command approach in the absence of actual military conflict, which explains why the political economy approaches of the United States, Europe, and Japan are not that different in the scheme of things. China's own grand strategy to reach out to the world to outflank the US–Japan alliance has also contributed to a divergent European policy toward China although there are severe limitations to Beijing's ability to drive a wedge between the United States and Europe.     

Emerging regional security co‐operation in Europe and the Asia Pacific

European and Asian‐Pacific policymakers need to shift from policies based on competition to those based on co‐operation. If European and Asian‐Pacific states are successful in implementing and strengthening new security institutions on the basis of co‐operative behaviour designed to realize absolute gains, then conflict in these two regions may decrease and regional hegemonic competition may not materialize. It is argued that three key factors will determine the viability of any regional security framework. These are reciprocity in security relations, great power support for the security arrangements and reassurance. In this study's comparative evaluation of Europe and the Asia Pacific, the pursuit of absolute gains through a security regime appears to be a better alternative to relative gains strategies which serve to intensify security dilemmas.

In Europe, rules and norms for state behaviour are being extended throughout the continent through the gradual extension of the West European security institutions to Central and East European states. The NACC and the PfP offer to combine the stability of the North Atlantic Alliance with the principles of co‐operative security at a pan‐European level. In the Asia Pacific, the ASEAN Regional Forum represents a positive initial step towards greater security co‐operation among the ASEAN states and their neighbours, and the United States and China need to give the ARF their full support. The difference between the ARF and NACC and the PfP is that the former does not have a history of successful military collaboration behind it, nor a developed security agenda or structure similar to that now supporting the latter two.     

The Legal Obligations of Albania in the Stabilization and Association Agreement Between Albania and EU

The purpose of this article is to discuss the legal effects of the preliminary agreement between Albania and EU （European Union） on the EU and on the Albanian national legal system. The topic is ＂The Legal Obligations of Albania in the SAA （Stabilization and Association Agreement） With EU＂, and the purpose is to address the issue of harmonization and application of the obligation in the most effective way regarding the EU legislation. The method used is systematic, comparative and teleological analysis of the European and national legal systems and inherent principles and reflection on the ways of integration and coordination between them. At first the sources and features of the EU legal system will be presented. Then the application of these principles in preliminary and pre-accession agreement and through them their influence over the EU and over the national legal system of the pre-accession states will be presented. The contribution will be to argue that the preliminary agreement between EU and Albania creates legal effects both on the EU and on the national legal system of the pre-accessions countries. Their lull and effective application will be the duty of national court and legislators.     

The New Neighborhood Policy of the EU: An Appropriate Response to the Arab Spring?

This article analyzes the extent, substance, and underlying objectives of the European Union's (EU) new neighborhood policy in response to the Arab Spring. It questions whether the new policy approach constitutes a major policy shift or is just “old wine in new wineskins.” The article discusses the causes for much continuity and limited change in the new policy from a neo-institutionalist perspective. It concludes that both continuity and change primarily result from constraints inherent to the EU. In particular, the interaction between the Commission and the Council shapes a policy that corresponds with the normative aspirations and realist interests of the EU but hardly with the needs and expectations of the partner states.     

Rethinking the New ENP: A Vision for an Enhanced European Role in the Arab Revolutions

This article assesses European responses to the Arab uprisings and, in particular, the introduced change in the European Union policy toward its southern neighborhood. The presented analyses provide a profound scrutiny and assessment of the new version of the European Neighbourhood Policy, empirical evidence of persisting security considerations post-2011 in Euro–Arab relations, and a more elaborated vision of future Euro–Arab relations, attempting to balance between three considerations: security, democracy, and governance.