Sex and the Contract

Zeno-Zencovich, Vincenzo

doi:10.1163/ej.9789004201781.i-141

Cited by 4 publications

(5 citation statements)

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“…They also have no reference to assess the impact of regulation, 1847 nor have their functions traditionally required that they use ('big') data to measure compliance, or establish liability and conformity. 1848 If a regulatory objective were that an e-commerce online platform does not facilitate the sale of trademark infringing goods while respecting sellers' freedom to conduct a business, then it would need to demonstrate whether and how its business model and technical architecture promote responsible seller behaviour. Secondly, the platform would need to demonstrate that is has internal controls in place to contain high risk activities that occur on the platform (such as seller onboarding due diligence, NTD systems, risk-based monitoring).…”

Section: Risk Regulation and Compliancementioning

confidence: 99%

Unlawful Content Online

Ullrich

2021

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Illegal content remains a persistent and growing issue on the internet. This book reviews seven problematic areas - defamation, hate speech, terrorist content, copyright, counterfeit, unsafe products and food - to illustrate that the fight against unlawful content on online platforms in the EU is hampered by fragmented and outdated laws. Meanwhile, the global internet companies that govern our digital spaces enforce their own policies, based on commercial objectives, and with secondary regard for public values and individuals’ rights. The book subsequently charts out a solution of how EU lawmakers can bring social media and the like to take on adequate responsibilities for protecting users and public interests. The author argues that a safety-by-design approach, supported by technical standards, can be an effective way for implementing these new duties. Carsten Ullrich is a legal researcher at the University of Luxembourg, where he works on the regulation of digital technologies. The doctoral thesis on which this book is based was awarded the Rolf Tarrach Prize 2021 for the best dissertation in Luxembourg.

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Section: Risk Regulation and Compliancementioning

confidence: 99%

Unlawful Content Online

Ullrich

2021

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“…What was once considered special waste produced during surgery is now viewed as an irreplaceable source of medical and genetic information, an inexhaustible source for the development of biomedical science. Samples are instruments of biological identity ( 39 , 40 ) inasmuch as they identify the body from which they came through the genetic patrimony of that person, “pieces of each subject, conserved in the very numerous databanks where the identity of the subject is sectioned and taken apart” ( 41 ), since samples can symbolically be considered a “crystal ball” ( 42 ), a vehicle that provides genetic data, through which future health conditions can be predicted ( 43 ). In fact, from the point of view of information, “the separation of the biological sample does not mean that it has complete autonomy from the body-subject, but only that it may have autonomous circulation” ( 42 ).…”

Section: Biobanking: Ideological Aspectsmentioning

confidence: 99%

“…Thus, the very particular nature of these samples appears evident: they have a material dimension, shaped by ownership law, and a dimension of information, expression of the personhood and identity of the subject ( 41 , 44 , 45 ). The perplexities arise from the entanglement of the uncontestable benefits that access to such data can bring to scientific evolution, and the incontrovertible need to protect the individual ( 46 ).…”

Section: Biobanking: Ideological Aspectsmentioning

confidence: 99%

Regulation of Biobanks in Italy

Cannovo

Cingolani

Guarino³

et al. 2020

Front. Pediatr.

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In Italy, a biobank is “a non-profit organization that must be officially recognized by the appropriate healthcare authority in the member states and must guarantee the treatment, distribution and conservation of biological material according to standards of quality and professionalism,” but must not conserve material already regulated by specific laws, as is the case for organs for transplants, blood for transfusions, as well as embryos and gametes for medically assisted reproduction. The concept of biobank includes not only biological samples, but also the related database of clinical and personal information, from which the subject's lifestyle can be deduced. Unfortunately, at the moment, Italian law does not offer specific itineraries for achieving this legal status.

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“…In alcuni settori di mercato la prassi commerciale è sempre più interessata ad aspetti della personalità 54 . È il caso, ad esempio, dell'immagine e dei segni distintivi della persona 55 e di alcune note figure contrattuali, come il testimonial pubblicitario, la sponsorizzazione e, più in generale, vari esempi di personality merchandising. Anche in questo caso sarebbe limitante una prospettiva ancorata alla sola dimensione contrattuale, giacché è evidente la presenza di una componente esistenziale nella capacità evocativa della personalità del soggetto rappresentato.…”

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Le nuove vie della giuridificazione del corpo. | The new ways of legalising the body.

Ribezzo

2022

European Journal of Privacy Law &Amp; Technologies

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This paper aims to analyse the relationship between the law and the body from a legal and philosophical perspective. The presupposition of the following remarks is that the technological development is the defining feature of the modern societies. This phenomenon has relevant implications on the languages describing the body and its disposability. The enigma of the body, which has always concerned the philosophical thought, is nowadays of great importance, since it is a privileged position from which to look at the modernity. The law, that has always taken the corporeity into account, is concerned with the emersion of the digital persona, which now more than ever calls for appropriate protection. The investigated matter recalls the distinction between personality rights and property rights. The existential situations can be subject of agreements that entail a non-contractual nature. Yet, market-alienability and non-patrimonial interest get to be strictly entangled in the case of contracts regulating aspects of one’s identity, in which case existential components remain.

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Sex and the Contract

Cited by 4 publications

References 0 publications

Unlawful Content Online

Unlawful Content Online

Regulation of Biobanks in Italy

Le nuove vie della giuridificazione del corpo. | The new ways of legalising the body.

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