1,721,127 research outputs found
A Multidisciplinary Perspective on Cross-Border Health Data Transfers:Privacy, Risks and Solutions
No full textThis chapter serves as an introduction to the complex contemporary regulatory landscape of international health data transfers. It emphasizes the critical role of international data sharing in healthcare, particularly in research, patient care, clinical trials, and public health initiatives. Our goal is to provide a brief examination of the advantages of international health data transfers while delving into the associated inherent risks. These risks are analyzed from various perspectives, and it is suggested they are significantly amplified when sensitive data is involved. To illustrate these risks, we offer concrete hypothetical examples that elucidate ten key risk factors, from data privacy concerns to issues related to reputation and trust. Addition- ally, the chapter provides a global overview of the subsequent chapters within the book, emphasizing raising awareness of regulatory considerations worldwide. We underscore the significance of conducting comprehensive transfer risk assessments, practicing due diligence, implementing safeguards, and utilizing structured transfer tools to ensure secure cross-border data transfers. These measures empower organizations to navigate the complex landscape effectively while upholding the highest standards of data privacy and security
Generative AI and the Future of Contracts, Law, and Design
No full textThis chapter serves as an introduction to this collection by exploring the transformative intersection of Generative AI (GenAI), contracts, law, and design. It highlights how advanced machine learning models are reshaping legal practices, contracts, and contracting. GenAI—a subset of artificial intelligence—uses large datasets to create original content and provide new opportunities for automating legal tasks, enhancing contract accessibility, and promoting proactive legal strategies. The chapter delves into the technological underpinnings of GenAI, including examples such as OpenAI's ChatGPT and DALL·E, Anthropic’s Claude, GitHub Copilot, Google’s Bard and Gemini, and DeepSeek. It also examines the ethical and regulatory implications of AI adoption, focusing on the principles of “Responsible AI,” and discusses the importance of human-centric design in preparing legal tools and solutions intended to drive policy and strategic objectives. Additionally, it provides a brief overview of the book’s content, outlining key topics such as proactive law, contract design, intellectual property, privacy communication, and health data governance. By providing case studies and practical insights, the chapter offers a comprehensive overview of GenAI’s impact on contracting and the legal domain and sets the stage for further discussions on its applications, challenges, and future directions
The Many Layers and Dimensions of Contract Design
No full textThis chapter introduces the multiple layers and dimensions of contract design. In the past, for legal scholars, it may have been a synonym for planning or drafting contracts around regulatory requirements and default rules, with a focus on preparing for litigation. While the topic has many nuances depending on the context, the views presented in this chapter are all tied together with a common factor: contracts need to be designed, not just drafted. They are no longer the monopoly of any single profession alone and they cannot remain disconnected from digital processes and technological developments. We advocate a user-centric approach to make contracts better by design for all stakeholders in the contracting community: better at serving the goals and needs both of contracting organizations and, crucially, the people who work with contracts. This introductory chapter presents contracts as core communication tools and business-critical economic instruments, and not merely as legal instruments
The Rise of Robotics & AI: Technological Advances & Normative Dilemmas
No full textComputer science, robotics and AI have all developed rapidly in recent years, bringing profound changes to all aspects of human life. However, the emergence and proliferation of these new technologies has not occurred within the bounds of traditional organizational, ethical and regulatory systems. We have reached an inflection point, where we need to pursue new business models and normative frameworks to underpin these fast-developing technologies. This introductory chapter briefly maps the evolution of these different technologies and argues for a new, more forward-oriented approach to the business and normative challenges that are created. The discussion ends with a review of the chapters that comprise this volume
Disruptive Technologies Shaping the Law of the Future
No full textTechnology is transforming our lives and the way we perceive reality so quickly that we are often unaware of its effects on the relationship between law and society. As an emerging field, a key aim of IT Law is finding the best way of harnessing different cutting-edge technologies and at the same time reducing the ever-growing gap between new technology and various legal systems. Therefore, this chapter deals with introducing and describing several limiting legal issues that have been exacerbated by emerging technologies and the Internet’s fast growing and dynamic nature. It follows from this chapter that we could expect disruptive technology and innovation to be integral components to the analysis of law in the future
The Dynamic Context & Multiple Challenges of Data Sharing
No full textThis chapter outlines the dynamic context and multiple challenges of data sharing in the contemporary data ecosystem, specifically as it relates to healthcare. Here, we define ‘data sharing’ as the practice of sharing health-related data between a number of data controllers and processors. Data collected in this manner can come from the provision of health, clinical trials, observational studies, public health surveillance programs, and other health data collection methods. Several justifications for such sharing are introduced. Our main contention is that the regulatory environment today is an increasingly complex and rapidly evolving combination of norms and principles. To navigate it successfully requires careful analysis and judgment from all stakeholders across diverse fields of law and technology. The purpose of this volume, therefore, is to offer a series of case studies that integrate theoretical and practical perspectives and illustrate how to effectively navigate this rapidly evolving space
Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II
No full textIn July 2020, the Court of Justice of the European Union (CJEU) in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (“Schrems II”) invalidated the EU-US Privacy Shield adequacy decision but found that Standard Contracting Clauses (SCCs) are a valid mechanism to enable GDPR-compliant transfers of personal data from the EU to jurisdictions outside the EU/EEA, as long as various unspecified “supplementary measures” are in place to compensate for any gaps in data protection arising from the third country law or practises. The effect of this decision has been to place regulators, scholars, and data protection professionals under greater pressure to identify and explain these “supplementary measures” to facilitate cross-border transfers of personal data. This chapter critically examines the current framework for cross-border transfers after Schrems II, including the new SCCs adopted by the European Commission, as well as the current European Data Protection Board (EDPB) guidance on “supplementary measures.” We argue that the so-called “supplementary measures” are not “supplementary” and that the CJEU’s characterization of such measures as “supplementary” undermines the original clarity of GDPR with regards to the required standards for security of processing as well as the available mechanisms for cross-border transfers of personal data. We conclude that despite the legal uncertainty introduced by the CJEU several post-Schrem II developments have been helpful to increase awareness and improve the overall safeguards associated with cross-border transfers of personal data. These include the new SCCs and an increased understanding of capabilities and limitations of the technical and organisational measures, including encryption, pseudonymisation, and multi-party processing. Technical solutions such as multiparty homomorphic encryption (HE) that combine these three technical measures while still allowing for the possibility to query and analyse encrypted data without decrypting it have significant potential to provide effective security measures that facilitate cross-borders transfers of personal data in high-risk settings
Business and Regulatory Responses to Artificial Intelligence:Dynamic Regulation, Innovation Ecosystems and the Strategic Management of Disruptive Technology
No full textIdentifying and then implementing an effective response to disruptive new AI technologies is enormously challenging for any business looking to integrate AI into their operations, as well as regulators looking to leverage AI-related innovation as a mechanism for achieving regional economic growth. These business and regulatory challenges are particularly significant given the broad reach of AI, as well as the multiple uncertainties surrounding such technologies and their future development and effects. This chapter identifies two promising strategies for meeting the “AI challenge,” focusing on the example of Fintech. First, “dynamic regulation,” in the form of regulatory sandboxes and other regulatory approaches that aim to provide a space for responsible AI-related innovation. An empirical study provides preliminary evidence to suggest that jurisdictions that adopt a more “proactive” approach to Fintech regulation can attract greater investment. The second strategy relates to so- called “innovation ecosystems.” It is argued that such ecosystems are most effective when they afford opportunities for creative partnerships between well-established corporations and AI-focused startups and that this aspect of a successful innovation ecosystem is often overlooked in the existing discussion. The chapter suggests that these two strategies are interconnected, in that greater investment is an important element in both fostering and signaling a well-functioning innovation ecosystem and that a well-functioning ecosystem will, in turn, attract more funding. The resulting synergies between these strategies can, therefore, provide a jurisdiction with a competitive edge in becoming a regional hub for AI-related activity
- …
