The article focuses on the issue of data governance in connected vehicles through a novel analysis of current legal frameworks in the European Union. The analysis of relevant legislation, judicial decisions, and doctrines is supplemented by discussions relating to associated sustainability issues. Relevant notions of autonomous vehicles are analyzed, and a respective legal framework is introduced. Although fully automated vehicles are a matter for the future, the time to regulate is now. The European Union aims to create cooperative, connected, and automated mobility based on cooperation between different interconnected types of machinery. The essence of the system is data flow, as data governance in connected vehicles is one of the most intensively discussed themes nowadays. This triggers a need to analyze relevant legal frameworks in connection with fundamental rights and freedoms. Replacing human decision-making with artificial intelligence has the capacity to erode long-held and protected social and cultural values, such as the autonomy of individuals as has already been in evidence in legislation. Finally, the article deals with the issue of responsibility and liability of different actors involved in processing personal data according to the General Data Protection Regulation (GDPR) applied to the environment of connected and automated vehicle (CAV) smart infrastructure. Based on a definition and analysis of three model situations, we point out that in several cases of processing personal data within the CAV, it proves extremely demanding to determine the liable entity, due to the functional and relatively broad interpretation of the concept of joint controllers, in terms of the possibility of converging decisions on the purposes and means of processing within the vehicles discussed.
The discussion on international law applicable to cyber operations has shifted from asking whether international law applies to cyberspace to how it applies. Recently the European Union declared in its renewed cybersecurity strategy the ambition to develop common EU position on the application of international law in cyberspace. As part of a broader vision in striving for leadership on standards, norms and regulatory frameworks in cyberspace, the joint communication underlined the need for taking a more proactive stance in the discussions at the United Nations and other relevant international fora. However, less than half of the European Union Member States have issued a public statementon the interpretation of international law in cyberspace and hence, reaching a consensus on the interpretation of relevant concepts of international law appears a challenge. This article provides an overview of the current status of EuropeanUnion Member States’ public statements on international law applicable to cyber operations, identifies the domains of international law where convergence of views can be observed and highlights the areas with notable differences.
Aunque la clasificación de los trabajadores de la economía gig lleva muchos años siendo motivo de controversia en el marco del derecho laboral europeo, la aparición de la pandemia de la COVID-19 la ha convertido en una prioridad. El papel de la economía gig ha cambiado: de ser una opción laboral para complementar los ingresos se ha convertido, para muchos, en la fuente principal de ingresos, por lo que la Unión Europea (UE) anunció su intención de abordar esta cuestión. En 2021, en el ámbito europeo, se realizó una intensa actividad en referencia a la jurisprudencia de la economía gig, con sentencias de tribunales supremos de varios estados miembros y nuevas leyes que han clasificado a los participantes en el mercado laboral de este sector. Este artículo parte de tres estudios de caso –Reino Unido, Países Bajos y España– para explorar los desarrollos recientes en jurisprudencia de la economía gig y sacar conclusiones para el futuro.
The discussion on international law applicable to cyber operations has shifted from asking whether international law applies to cyberspace to how it applies. Recently the European Union declared in its renewed cybersecurity strategy the ambition to develop common EU position on the application of international law in cyberspace. As part of a broader vision in striving for leadership on standards, norms and regulatory frameworks in cyberspace, the joint communication underlined the need for taking a more proactive stance in the discussions at the United Nations and other relevant international fora. However, less than half of the European Union Member States have issued a public statementon the interpretation of international law in cyberspace and hence, reaching a consensus on the interpretation of relevant concepts of international law appears a challenge. This article provides an overview of the current status of EuropeanUnion Member States’ public statements on international law applicable to cyber operations, identifies the domains of international law where convergence of views can be observed and highlights the areas with notable differences.
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