Consumer Protection and Global Trade in the DigitalEnvironment

The advent of internet asa means of conducting trade hascreated new challenges. It is not the firsttimethat technology challenges theefficiency of the current legal framework but theextent of the threat to privacy renders a newapproachimperative. In the light of this realisationthe different approaches towards data protection inthe EU and US are thoroughlyanalysed. The divergence in the approach is flowingfrom different historicaldevelopments and experiences and hence differentlegal traditions. The adoption ofthe EU Directive on Data Protection has been themilestone which reset the debate ona wholly different basis. It revealed the culturaland legal differences between the twosides of the Atlantic and underlined thedifficulties in agreeing upon a commonsolution. The paper focuses on the analysis of therelevant historical and legalframework in the EU and US and concludes withcertain proposals of legal andtechnological nature to deal with the problem. Itscentral thesis is that the challengesthat internet poses on privacy should be dealtwithin the context of Europe'sestablished legal and humanistic traditions.

Autorentext

Dr Marios Koutsias, BA in Law: Aristotle University of Thessaloniki, Greece, LLM in EC Law: University of Essex, UK, MA in European Studies:King''s College London. PhD in EU Law:University of Essex, UK. Teaching and research at the University of Essex and Queen Mary College, London, member of the Thessaloniki Bar Association, Greece.

Klappentext
The advent of internet as a means of conducting trade has created new challenges. It is not the first time that technology challenges the efficiency of the current legal framework but the extent of the threat to privacy renders a new approach imperative. In the light of this realisation the different approaches towards data protection in the EU and US are thoroughly analysed. The divergence in the approach is flowing from different historical developments and experiences and hence different legal traditions. The adoption of the EU Directive on Data Protection has been the milestone which reset the debate on a wholly different basis. It revealed the cultural and legal differences between the two sides of the Atlantic and underlined the difficulties in agreeing upon a common solution. The paper focuses on the analysis of the relevant historical and legal framework in the EU and US and concludes with certain proposals of legal and technological nature to deal with the problem. Its central thesis is that the challenges that internet poses on privacy should be dealt within the context of Europe's established legal and humanistic traditions.