Skip to main content
Login | Suomeksi | På svenska | In English

Browsing by master's degree program "Master's Programme in International Business Law"

Sort by: Order: Results:

  • Díaz Hernández, Miguel (2022)
    Within the general fight to tackle Climate Change, the field of Patent Law has not received the consideration that its potential to control research and entry to the market might have, especially when contrasting it with other fields of Law. The aim of this Thesis is to analyze the current Patent Law framework and create amendments that can help pursue the objective of environmental sustainability. It departs from the constitutional presence and relations between the right to an environment, which we can consider a third generation right, and the most classical right to property, especially intellectual property. We then discuss the developments and adaptations that Patent Law has undergone, its process of internationalization, stopping to revise its primary features: the balance between public interest and incentive to invent. We also enter the topic of business patent strategies, trying to see how it should be shaped to advance on this objective. After defining the concept of ‘green patent’ through the related concept of sustainability, and with the aid of environmental science, we analyze some proposals to modify the law, derived from either Patent Law itself, other fields of Law or other fields of science. We do this following the classical scheme to analyze alternatives in the formulation of public policies, although we focus heavily on the legal implications of the change. The main conclusion we achieve is suggesting three different policies: in a first stage, we consider the creation of incentives both for green patents themselves and for the development of inclusive patents. In a later stage, we aim to use the ‘serious prejudice to the environment’ clause in art. 27.2 TRIPS to outright exclude from patentability any technologies that may have clearly negative environmental impact. The main objective is to spur discussion on the topic and include better proposals to tackle climate change in our current situation through Patent Law.
  • ZHOU, PANPAN (2022)
    This thesis investigates the intersection of personalized advertising and real-time bidding (RTB) within the European data protection framework, with a focus on evaluating the effectiveness of existing data protection laws. Utilizing a combination of doctrinal research, case studies, and interdisciplinary methodologies, the study explores the mechanisms of personalized advertising and the RTB ecosystems, including the utilization of personal data and the involvement of various stakeholders. The study investigates the interests, roles, and compliance work of key participants in RTB. It identifies the complex nature of RTB ecosystems and the absence of coherent guidelines for clarifying the roles of participants under EU data protection law. This lack of clarity has created legal uncertainty for them in complying with the law. Additionally, this research highlights that the current RTB system falls short of meeting consent criteria, compounded by the unclear legal status of the widely used Transparency and Consent Framework (TCF), leading to uncertainties in ensuring consent within RTB. Moreover, the study finds that current practices heavily rely on partners to collect and transfer data, often based on contractual obligations and shared within the whole ecosystems which are usually inaccessible to users. This lack of transparency hinders users' ability to control their data and exceeds their expectations of data processing. In summary, this thesis adopts a practical perspective, highlighting the inadequacies of the data protection framework in personalized advertising via RTB, emphasizing the need for clear guidelines in the field to ensure compliance. It advocates leveraging industry organizations to bridge the gap between regulations and implementation, as well as fully utilizing technological tools to detect and enhance data protection levels. Although this thesis offers some insights, more comprehensive research is still required for future compliance with data protection laws in the RTB ecosystems.
  • Biese, Anette (2020)
    The purpose of this thesis is to conduct research on the licensing of industrial projects and related requirements in Finland. The thesis will take a closer look at ten projects which have happened in Finland and the related environmental decisions. These environmental decisions set requirements by authorities which the companies have to adhere to in order to resume their practices and avoid sanctions. The thesis will have a closer look at these requirements from the viewpoint of the company and will further assess whether some of these requirements are too strict or futuristic and by that set too much responsibility on the company. At the beginning of the thesis the environmental impact analysis procedure will be described as the consequent report is the basis for which environmental decisions are given on by the authorities of the relevant ELY Centres. After the procedure has been explained the thesis will describe the main requirements set in the ten different environmental decisions which have been assessed. When assessing the requirements clear groupings could be found that reoccurred in the decisions. These were noise, waste, water, animal kingdom, emissions and reporting. Some of the requirements in these groups were very similar of nature and it could therefore be concluded that they were part of the norm in environmental requirements. However, while conducting my research it became evident that a number of requirements did not manifest them in all the decisions but stood out easily. This is partly due to the fact that each decision has to be done on its own merits based on the location of the project site and the type of project. Different requirements sometimes had extremely similar justification which led to the question: is the justification of these requirements up to par, as one justification could be used for a number of different requirements. It became apparent that the environmental decisions included requirements that could not necessarily be justified and therefore were setting too much responsibility on the companies. The companies have to take care of the environment but the reason for a requirement cannot be to set the company in a situation where they have to come up with new research methods and processes. In the end, the research topic was extremely difficult as the comparison of the environmental decisions turned out to be problematic due to the different nature of the projects. This has led to the fact that no decisive answer can be given to the question of corporate responsibility but this thesis may function as the foundation of further discussions and research with narrowed down subject matter.
  • Räisänen, Emilia Karoliina (2024)
    This research examines the relationship between Market Abuse Regulation, specifically in the context of inside information and insider dealing, and corruption prevention in in the European Union. One of the primary objectives of MAR is to enhance the integrity of the financial markets in the EU, and in this research the corruption aspect of integrity is examined from the perspective of inside information, insider dealing, and potential conflicts of interests for public officials. To form a comprehensive understanding of what types of corruption prevention mechanisms are in place, the disclosure requirements and enforcement of the insider dealing provisions are examined as well. As corruption is mainly considered from a public law and public interest perspective, this research combines elements of legal theory and different corruption detection mechanisms to traditional legal dogmatics in its methodology. The combining elements of insider dealing prohibition and corruption further promote this line of research and the choice of methodology. The aim of this research is to find whether the corruption prevention tools should be considered in a wider context to enable the MAR to reach its goal of achieving integrity, and what are the principles the insider dealing prohibition is based on to highlight its common ground to corruption prevention. The current European framework on corruption does currently cover conflicts of interests or financial interests of public officials in Member States in a harmonized manner, and the national regimes severely lack enforcement. As the current framework is under review, the suggestion made this research is that the private sector corruption risk relating to financial markets and specifically insider dealing would be better considered when building up the failed integrity through better tools for anti-corruption. Furthermore, harmonization of disclosure requirements for conflicts of interests on financial matters for public officials could provide better trust and transparency for financial markets and increase the competitiveness of the European financial markets.
  • Jämsén-Smith, Iina Marjaana (2022)
    The purpose of regulating public procurement within the EU is to establish rules that enable the contracting authority to select the tender that offers the best value for money in respect of the goods or services that are being procured. However, value for money will not be achieved if the purchase price is increased by tenderers entering into unlawful agreements amongst each other with the aim of distorting competition in contract award procedures. Competition can be distorted by collusive tendering or through other means such as unlawful joint tendering. European and national competition authorities have investigation and enforcement powers to react to such schemes by issuing penalties in the form of fines after the award of the contract. Although fines fulfil the purpose of punishing tenderers and acting as a general deterrent, they are an ex-post sanction and do not prevent the award of a contract in a pending public procurement procedure to a tenderer that has ignored the deterrent and has regardless of it participated in a scheme that distorts competition. It is thus vital to also react to such schemes prior to the award of the contract. Article 57(4)(d) of Directive 2014/24/EU on public procurement empowers contracting authorities to exclude tenderers from ongoing public procurement procedures if the contracting authority suspects a tenderer’s involvement in a scheme that distorts competition. However, legal uncertainty has arisen in relation to how Article 57(4)(d) should be interpreted. The wording of the provision is very similar to that of Article 101(1) of the Treaty on the Functioning of the European Union (‘TFEU’) and both provisions pursue similar objectives. Given these similarities, the first part of this thesis centres on exploring whether Article 57(4)(d) of Directive 2014/24/EU should be interpreted in line with Article 101 TFEU. The focus of the second part is on the application of Article 57(4)(d) of Directive 2014/24/EU in the context of joint bidding in public procurement. Joint bidding is expressly permitted by EU public procurement law and can potentially generate sincere advantages to the economy. However, it can also be used as a means for engaging in illegal cartel conduct that infringes Article 101 TFEU. Distinguishing legitimate procompetitive joint bidding agreements from anticompetitive joint bidding agreements that infringe Article 101 TFEU can be difficult, particularly when complicated joint bidding arrangements are concerned. The second part of this thesis focuses on identifying the criteria that should be considered in assessing whether a joint bid is compliant with Article 101 TFEU. The identification of such criteria is crucial to assist contracting authorities in the application of Article 57(4)(d) of Directive 2014/24/EU in the context of joint bidding and economic operators considering the submission of a joint bid.
  • Luzan, Tetiana (2018)
    Due to an impressive evolution of the AI technologies within the last few decades it has become an integral part of everyday life called for improving and facilitating it. Yet, as a result of this evolutionary process AI’s activity nowadays contains features which require legal regulation in the course of its application. Such request was recognized by the EU legislator. In 2017, the EP voiced a possibility of introducing of a legal status of electronic person for the sufficiently sophisticated robots. Specialists in this sphere, however, gave a hostile reception to such an initiative claiming that legal personhood of AI cannot be fit into the current legal paradigm. The latest EU initiatives pertaining to the legal regulation of AI application reveal that the electronic person is not on the EU’s agenda anymore. This work is dedicated to a negation of the above claim of AI specialists by demonstrating that there are no unsurmountable obstacles for conferring legal personhood on the sufficiently sophisticated AI even though it should not be considered as a person from the philosophical standpoint. Having accepted a possibility of according legal personhood to AI, the next question to answer is should it be recognized as a natural or artificial person (the existing types) or should it be ascribed a legal status of the electronic person. The answer is found in the analysis of the determining characteristics of sufficiently sophisticated AI and their comparison with the features of humans and corporations, bearers of natural and artificial personhood, respectively. The ascription of legal personhood to AI is not aimed at recognition of exceptional qualities of AI per se. It is, instead, called for resolving the existing legal problems of AI application in the business sphere, namely, in contract and tort law, and intellectual property rights. By the way of the conferral of legal personhood on AI it is possible to properly allocate responsibility or attribute authorship. In such a manner, establishment of legal status of the electronic person is discussed as an umbrella solution for various domains of business law that may establish legal certainty and ensure the EU against legal fragmentation.
  • Horváth, Balázs Boldizsár (2021)
    This thesis is about the liability of hosting services and how it was reformed by the Digital Services Act (DSA). In our lives hosting services are everywhere and their liability for information that is being stored or disseminated using their platforms is important. The DSA adopted the liability system for intermediary services that was present in the E-Commerce Directive with slight changes. These changes can have significant consequences regarding the liability of hosting services, especially for those that neglect to pay heed to the reform that has taken place. To answer the research question, the thesis introduces the liability of hosting services under the E-Commerce Directive and explores the legal fragmentation that was the result of the different interpretations of Member States, then takes a closer look at the liability system of the DSA for hosting services. In the assessment of the provisions of the DSA, the individual sections are constantly contrasted with the corresponding sections of the E-Commerce Directive. When it is available, the preceding case-law of the Court of Justice of the European Union and preparatory documents form EU institutions are also introduced in an effort to retrace the steps of legal development that resulted in what the final form of the DSA. Special attention is given to the potential liability systems that were discussed during consultation and were ultimately discarded. The main areas of the thesis are the following: categorization of intermediary services and more closely hosting services, the liability exemption for hosting services and the important definitions connected to it (e.g., ‘active role’ or acting ‘expeditiously’), monitoring obligation, automatic tools for detection of illegal content, own investigations of hosting services, notices and liability, indexing systems and vicarious liability. Some of these existed in the E-Commerce Directive, others are new additions. If appropriate, problems of interpretation are also discussed as the research found some contentious issues with the new act, especially with the new additions. The thesis concludes with a review of the most problematic parts of the reform and a brief evaluation based on the findings. The research found that in many ways the reform that tried to create a clearer and fairer system for online intermediaries brought even more questions that are up for further interpretation. There are potential clashes with sectoral EU legislation and many of the clarifications that were codified in the DSA had already been settled by the case-law of the Court of Justice of the European Union while the novelties are left without the support of their own case-law.
  • Leedo, Liis (2020)
    Merger control in the European Union is governed by the EC Merger Regulation No 139/2004 (the EUMR), which sets out jurisdictional thresholds that the merging companies need to exceed for the transaction to be reportable. The current EUMR relies on thresholds that are based on the annual turnover of the merging parties. These turnover-based thresholds, which were as a political compromise, provide a straightforward way of determining which mergers need to be notified to the Commission. However, developments in the digital economy have facilitated a trend, especially in the technology markets, where companies acquire innovative start-ups, to either take over their valuable assets or restrict competition and their position on the market. These acquired start-ups generally produce minimal turnover but have a large user base and valuable data sets. Thus, these aforementioned mergers do not fall under the Union dimension, due to the currently applicable high turnover-based thresholds. This study assesses if turnover-based thresholds are effective enough to tackle mergers occurring in the digital economy and whether there is a need to introduce additional thresholds to complement the currently applicable thresholds. In addition, the study researches what principles should be followed when introducing new thresholds and what are the possible new alternative thresholds that the Commission could introduce. This is a legal dogmatic study, which also includes come comparative elements. It contains seven chapters, each one addressing and examining certain aspects of the research questions. Chapter 1 introduces the subject matter, objectives and rationales for the carrying out of this study. Chapter 2 gives an overview of the framework of merger control, Chapter 3 discusses whether the existing EU merger control threshold criteria are inadequate of the digital era. Chapter 4 gives an overview of different thresholds used in seven jurisdictions, Chapter 5 compares the possible alternative thresholds with three normative benchmarks and gives recommendations for introducing new threshold criteria in the EU. Chapter 6 concludes and answers the research questions and gives suggestions for further research. The study found that that the currently applicable high turnover-based thresholds set out in the EUMR are not sufficient enough to capture mergers in the digital economy. In addition, considering the needs of the digital economy, especially the fact that the number of transactions taking place in the technology markets is rapidly increasing, the Commission should introduce in addition to the turnover-based thresholds alternative thresholds, especially in technology markets, to predict the potential anti-competitive outcomes of mergers, which are not suitable to be thoroughly assessed solely based on the turnover figures of the parties. Additionally, the study suggests that new alternative threshold criterion, based on transaction value, could be introduced to the EUMR. This threshold would be able fill the gap in the EUMR, so that the Commission could investigate notable transactions in the digital economy which are likely to produce competitive harm but currently lack the turnover to fall within the EU’s jurisdiction.
  • van Oijen, Milja (2024)
    There will always be a gap between the law and technology, as technology develops at a much faster pace than the law. Globalization in general, internationalization of trade, and technological development towards more digital economies accurately identify the need to modernize law. This thesis focuses on the modernization of international sales law through its most celebrated instrument, the United Nations Convention on Contracts for the International Sale of Goods (the CISG). Two different methods of modernization are assessed: the drafting of a new international convention on sales law, and modernization from the inside out through autonomous interpretation of the CISG text, and the latter is emphasized as the more feasible method of modernization. The autonomous interpretation method for expansion of application of the CISG is applied to contracts for the international sale of datasets of personal data in four steps: grammatical and systematic interpretation, scholarly writing and jurisprudence, general principles of the CISG, and assessing whether the result is fit for and justified by the CISG as a whole. Personal data is selected as an example due to the increase in its trade internationally, and its importance as a commodity. It is concluded that drafting a new treaty is politically, diplomatically, and financially too expensive. Hence, the use of autonomous interpretation as method of modernization is preferred. The application of the CISG to contracts on international sale of datasets of personal data is possible, if Contracting States and their decision-makers follow the new general principle of broad interpretation that allows for modernization of the CISG.
  • Lyu, Guanyi (2024)
    Multimodal transport has become a norm for modern international carriage of goods, but identifying the stage at which losses occur can be challenging. This gives rise to the legal problem at issue that a multimodal carrier’s liability for unlocalised loss is not certain or predictable under the current international transport regulatory framework. This study aims to envisage a suitable solution to unlocalised loss in terms of multimodal carrier liability by addressing two research questions: What forms the legal difficulty of unlocalised loss? What liability regime for unlocalised loss would address the identified legal problems? The research employs legal doctrinal methodology to analyse positive law and fill gaps in international law. The legal problem of unlocalised loss arises from two factors. First, the liability regimes in unimodal transport differ significantly in terms of liability basis and monetary limitations. Second, some unimodal regimes extend their jurisdiction to multimodal transport, potentially covering unlocalised loss, but these expansions are based on different prerequisites, leading to overlaps and gaps. To address unlocalised loss, two approaches are proposed. The first is an overriding multimodal regime or fallback rule, with strict liability and the highest applicable limitation being likely to gain widespread acceptance. The second is a contract-oriented approach, where solutions based on contract construction provide a holistic approach, and those based on freedom of contract ensure certainty and predictability, though both come at a high cost. It is hoped that the analysis provided in this study could contribute to the ongoing discourse on a potential harmonised multimodal regime, by zooming in on the scenario of unlocalised loss.
  • Chillemi, Cristopher (2016)
    The research focuses on the roles and responsibilities of online intermediaries in respect to illegal content uploaded by their users. Online sale of goods infringing intellectual property rights (IPR) will be the main topic of the research. European legislation on the responsibility of online intermediaries established the so called “safe harbour” shielding intermediaries from liabilities for the conduct of their users. This system allowed internet companies to thrive but at the same time it is exploited by some users to abuse IPRs. During the last decade and a half many legal and non-legal researchers have looked at how intellectual property owners fight back against illegal content. In practice, notices of infringements are sent to online intermediaries requesting to takedown the infringements. The latter should respond quickly to maintain their legal immunity. This extrajudicial system causes various hazards and as main critics claim it also lacks transparency and accountability. Information on procedures, notices and decision making by online intermediaries operating marketplaces are not publicly disclosed. Within this context the research first looks at main weaknesses of the current legal framework, and then investigates how policy makers could change notice and takedown procedures to safeguard all competing interests. Information gained by the author’s direct experience in protecting IPRs on online marketplaces will be used to help propose a possible new legal classification of infringement notices and their requirements.
  • Falck, Andrea (2019)
    Gambling is not a new societal phenomenon. Because of the special nature of the industry, it was excluded from the application of the Treaty rules. Since gambling services are increasingly consumed online, Member States have struggled with protecting consumers from the harmful effects of gambling, especially when gambling legislation is not harmonized in the Internal Market of the EU. While gambling services have been excluded from the Treaty, recent case law has considered online gambling to be subject to the Treaty. Consequently, legislators have strived to settle other ways to channelize the gambling consumption to safe and controlled gambling platforms. Since advertising aims to stimulate the consumption of a good or service, legislators consider it as a suitable steering tool, especially when the Treaty prohibit restrictions to the free movement of goods and services, unless restrictions are made for consumer protection or fraud prevention purposes. Most Member States therefore moderate gambling advertisement. Because the industry is not harmonized, gambling legislation varies among Member States. Even if the industry is not regulated by sector specific revaluation, it is subject to secondary legislation. Consequently, Member States gambling legislation is insufficient and therefore often leaves room for interpretation. Gambling services have always been extensively advertised world-wide and is often perceived as aggressive. Since the effect of gambling advertisement has not been established, it is questionable if it is suitable for channelization. By analyzing current gambling legislation of Member States, the study strives to establish an understanding of how gambling advertising is used in the Internal Market and to determine if advertising is an appropriate tool for gambling channelization. It also strives to establish if gambling advertisement in fact falls under the category aggressive marketing practices. This is a legal dogmatic study, which also include some comparative elements. The study is also influenced by the subjective view of the author. Main findings of the study are that gambling legislation varies among Member States and therefore it is challenging of Member States to ensure a high level of consumer protection when it comes to gambling services provided in the Internal Market. Because the effect of excessive gambling advertisement has not been established, the study suggests three alternative means of channelization. First suggestion is to harmonize the gambling industry by introducing sector specific minimum legislation, which would minimize the need for channelization. The second suggestion, is to implement geo-blocking mechanisms, to prevent consumers from entering unauthorized providers services. Even if the Treaty rules prohibit restrictions to the free movement of goods and services in the Internal Market, such measures can be considered appropriate on the grounds of consumer protection. Especially when gambling services currently are excluded from the Service Directive and therefore also the geo-blocking directive. The final suggestion, is to introduce stronger sanctioning power for supervisory bodies and to increase cross-border enforcement of law. Such incentive is also in line with current legislative incentives. However, it would be most suitable as a complement to another restrictive measure, e.g. geo-blocking. Increased supervision and enforcement, would also be recommended since the supervision of the industry currently is quite fragmented. Especially supervision of gambling advertisements is preferable, e.g. by implementing pre- and post evaluations of gambling advertisements. Because of the excessive nature of gambling advertisements and the fact that its effects have not been established, it is recommended that other ways to steer the gambling consumption to controlled platforms, are established. The study recommends the use of either harmonization of law or the use of geo-blocking mechanisms, whereas increased supervision and stronger enforcement of law can function as a suitable complement. Further research in the area of gambling advertising regulation is recommended.
  • Heikkilä, Siiri (2019)
    It is general industry practice to attach penalty and liquidated damages clauses to, for example, construction and supply contracts as well as non-compete clauses and confidentiality or non-disclosure agreements. The subject matter of this research project is the use and treatment of such penalty and liquidated damages clauses under Finnish and English laws. Contract terms constituting penalty and liquidated damages clauses are generally enforceable under Finnish law, while English law distinguishes between unenforceable penalty clauses and enforceable liquidated damages clauses. Therefore, the objective of this research project is to, through an examination and comparison of the subject matter, rethink penalty and liquidated damages clauses by looking past the enforceable/unenforceable divide, as it may not be as explicit as seems. Three points are made regarding the acute practical relevance of the subject matter: pervasiveness; balancing of interests in contractual relationships; and, not least, legal certainty. This research project contains seven chapters. Each chapter is built upon the discussion in the preceding chapters, rendering the structure both logical and methodologically viable. Chapter 1 introduces the subject matter, objectives and rationales for the carrying out of this research project as is. Chapter 2 describes, in brief, the methodological choices made over the course of this research project. The first substantive chapter, Chapter 3, presents the legal nature, functions and classification of penalty and liquidated damages clauses to facilitate their examination and comparison. Chapters 4 and 5 examine the use and treatment of penalty and liquidated damages clauses under Finnish and English laws respectively. Chapter 6 compares the use and treatment of such clauses under both approaches through an attempt to, if not answer, at least review each of the research questions set out in Chapter 1. Chapter 7 concludes. Functional comparative law methodology was chosen for the examination and comparison of the subject matter because of interest are particularly the prevailing solutions to the balancing of interests in contractual relationships, an exercise that arises when judges engage in the interpretation of contract terms. Such exercise entails, for example, the weighing of pacta sunt servanda and the principles of individual autonomy and freedom of contract against weaker party protection. Therefore, on one hand, the Finnish and English law approaches each recognize the intention of the parties to a contract as the starting point for the interpretation of contract terms. On the other hand, both approaches have in place a legal rule or practice that ensures weaker party protection. Under Finnish law, penalty and liquidated damages clauses are subject to review by judges under the adjustment mechanism set out in section 36 of the Finnish Contracts Act, while under English law, the same is possible under the penalty rule.
  • Kettunen, Petra (2024)
    In this thesis I examine how pastiche has developed as an exception and limitation to copyright in the EU law and how it could develop in the future. The context of the study is remixed artwork and user generated content within the EU copyright. To study how pastiche has evolved in the EU jurisprudence and what improvements scholars have suggested for the EU copyright, I start by examining the legality of remixes and remix culture. It is relevant to understand how pastiche has been defined in law and what definition suggestions legal scholar have mede for its legal definition since the EU legislator has not yet done so. What effects the interpretation and application of pastiche in the EU jurisprudence is the EU legislation such as InfoSoc Directive, CDSM Directive and European Fundamental Rights. As a native, I am interested in how pastiche has presented itself in the Finish law and how it compares to the neighboring Sweden which Finland has shared practically identical copyright law with. To explore how pastiche has been utilized in the EU courts, I have chosen to study the German cases of Pelham and Scorched Earth, the latter being still ongoing battle in the CJEU and the former the first German case where the pastiche plea was successful. The implementation periods of the InfoSoc Directive have a significant effect on how the exceptions and limitations to copyright have been applied by the EU courts. To contemplate how pastiche could evolve in the future legislation I present suggestions of legal scholars on how to improve the EU copyright law. These include reputational harm and the application of trademark infringement. For the latest development in the EU copyright, I present the CDSM Directive Article 17 and how it has affected the liability regime and user generated content on online content-sharing platforms. I examine what benefits pastiche could provide for user generated content and if there are means to avoid the negative effects of automated filtering in the context of user generated content shared online. In the conclusions I present the results of my study and provide my own proposal how pastiche could be defined legally.
  • Bakanov, Vladislav (2021)
    Ubiquitous digitalization and advancement of technology led to a tremendous shift in regulation of copyright in the European Union over two last decades. New reality poses new challenges for the collective management organizations and traditional way of their operation. Through conceptual analysis of framework for regulation of copyright operation of collective management organizations in the EU this research seeks to find how futureproof they are as a legal institute.
  • Salonen, Satu Meri (2022)
    Objectives and theory. Competition means of competition and competitive advantage – when delivering in the EU internal market – create the map of research and its red thread. The purpose of the study is to determine the components of a genuine competitive advantage and to identify opportunities for further development. Background theories are EU Competition Law (especially Articles 101 and 102 TFEU), Law and Economics (the effectiveness of the law and the means of competition), Consumer Law (the status of consumers and the safeguarding of their rights) and Philosophy of Law (background values and ethics of activity). Research questions are: How to find and determine the factors of a genuine and developable competitive advantage? How can a genuine competitive advantage that can be further developed be achieved through permitted and profitable means of competition? Methodology. The research approach was mainly qualitative, quantitative played a supporting role, in connection with examples and material. It was a hermeneutic study, and the methods were interpretation, argumentation, specification, and reasoning; in addition, forensic science played a part in efficiency assessment. The study progressed from more general to more private, from competition to competitive advantage; from a potential competitive advantage to a further competitive advantage – a permitted, profitable, genuine, and further competitive advantage were reviewed. The study was conducted in theory (written law, regulations, guidelines, rules, scientific research, and other relevant literature) and in practice (business examples and case law). Results. A genuine competitive advantage arises from a combination of the admissibility and profitability of a means of competition. Genuine and further competitive advantage complement each other. Genuine competitive advantage is enshrined in law and has an economic impact on the business, the consumer and society. The existence of a genuine competitive advantage in the context of the 8P competitive means of marketing can be determined in theory and in practice. The competitive means of 8P marketing can be ranked based on their overall goodness based on theory and practice. According to this study, the order is product (t), physical environment (p), process (t), place (t), price (p), promotion (t), personalization (p) and people (t) (stronger perspective of the means of competition, t = theory and p = practice). Furthermore, the simultaneous use of several means of competition leads to better results than the use of a single means of competition. Conclusions. All 8P competition tools for marketing are both genuine and evolving. When examining the overall goodness of the means of competition, most of the means of competition prove to be better in theory than in practice – there is an order for the development of activities in the market. In all reviews, there is room for improvement in the means of competition, both in theory and in practice. The interpretation is based on the four theoretical perspectives of this study, the empirical partition, and the examination of the competitive means of 8P marketing in the light of their historical development.
  • Nuorti, Viivi (2016)
    This thesis proposes new EU legislation to bridge the gap between current European cybersecurity regulation and enterprise operational technologies. Considering the fast development and expansion of technologies within our society, our legal thinking and the adoption of protective measures in the form of new EU legislation is paramount, if not critical, in order to sufficiently protect the operations and undisrupted contingency of critical infrastructure’s enterprises, our digital service providers, and the services provided by our essential operators. The EU Cybersecurity Act, Network and Information Security Directive, the proposed revised NIS2 Directive, and the European Union Agency for Cybersecurity (ENISA) are the foundation of tomorrow’s digitized and secure Europe. However, they exclude the technologies closest to the core manufacturing and service-production of an enterprise: the operational technologies solutions. The main questions of this thesis were whether a sufficient layer of mandated cybersecurity protection for connected enterprises and digital infrastructure exists, how small operational technologies solution vendors and digital service providers could be required to take responsibility for the cybersecurity of their solutions, and why does the proposed legally required framework for operational technologies matter. The legal and technical analysis concludes that the principle of security by design is not widely adopted within modern digitized enterprises, which sets a poor basis for the Single Digital Market. Currently, the burden of executing a well-managed enterprise security office lies on the shoulders of the enterprise’s CIO and CISO officers. IT leaders lack a steering certification framework that sufficiently covers the complete IT environment with security principles and actionable requirements. This thesis proposes that operational technologies are included in the next scope of the next revision of EU cybersecurity legislation. The elements of the proposed framework would help in protecting European connected enterprises, and to support EU in achieving high-level cybersecurity cooperation and protection within the European Digital Market. This thesis could be utilized in the drafting of the candidate cybersecurity certification scheme EUCC. The aimed readership includes EU’s legislators, and executives that work with enterprise technologies, digital infrastructure, and cloud-native technologies.
  • Bhardwaj, Shivam (2020)
    The banking and financial sector has often been synonymous with established names, with some having centuries old presence. In the recent past these incumbents have been experiencing a consequential disruption by new entrants and rapidly changing consumer demands. These disruptions to the status quo have been characterised by a shift towards adoption of technology and artificial intelligence particularly in the service and products offered to the end customers. The changing business climate in the financial sector has risen many convoluted questions for the regulators. These complications cover a vast set of issues – from the concerns relating to the privacy of data of the end users to the increasing vulnerability of the financial market, to unproportionally increased compliance requirements for new entrants, all form part of the mesh of questions that have arisen in the wake of new services and operations being designed with the aid and assistance of artificial intelligence, machine learning and big data analytics. It is in this background that this Thesis seeks to explore the trajectory of the development of the legal landscape for regulating artificial intelligence – both in general and specifically in the financial and banking sector, particularly in the European Union. During the analysis, existing legal enactments, such as the General Data Protection Regulation, have been scrutinised and certain observations have been made regarding the areas that still remain unregulated or open to debate under the laws as it stands today. In the same vein, an attempt has been made to explore the emerging discussion on a dedicated legal regime for artificial intelligence in the European Union, and those observations have been viewed from the perspective of the financial sector, thereby creating thematic underpinnings that ought to form part of any legal instrument aiming to optimally regulate technology in the financial sector. To concretise the actual application of such a legal instrument, a European Union member state has been identified and the evolution of the regulatory regime in the financial sector has been discussed with the said member states’ financial supervisory authority, thus highlighting the crucial role of the law making and enactment bodies in creating and sustaining a technologically innovative financial and banking sector. The themes recognised in this Thesis could be the building blocks upon which the future legal discourse on artificial intelligence and the financial sector could be structured.
  • Juonala, Oona (2020)
    Online platforms have become a major actor in the EU Digital Single Market. They offer a wide range of services, such as social media and streaming services. The platform economy is in general perceived to have high growth potential in Europe. Despite the popularity and growth potential of online platforms, their regulation in the EU is fragmented. Online platforms are regulated on the EU level through, inter alia, the Electronic Commerce Directive. In addition, they might also be subject to regulation on a national level and in some cases, even on a local level. This fragmentation of the regulatory framework has resulted in an uncertainty of the applicable rules. addition, the regulatory environment of the EU is not favourable for online platforms to scale and develop in, which in turn has stifled innovation. The European Commission has addressed this issue in its various initiatives. As a response, it will publish a draft proposal on the new Digital Services Act in the fourth quarter of 2020 that will modernise the legal framework for online platforms. The purpose of this thesis is to examine how online platforms should be regulated on the EU level in light of the new Digital Services Act. This research is divided into two separate research questions: - How has the approach of the European Commission towards the regulation of online platforms evolved since 2015? - What kind of regulatory model should be adopted for the regulation of online platforms in the context of the upcoming Digital Services Act of the EU? In the first part of this research the author provides a background on the existing legislative framework applicable to online platforms. Policy papers by the European Commission are analysed in order to study its approach towards the issue. In the second part, the characteristics of different regulatory models are examined and their suitability for the regulation of online platforms in the context of the EU is analysed. The scope of research is narrowed down to the regulatory models of top-down regulation, co-regulation, self-regulation, transferring powers to existing regulatory authorities and creating a new centralised regulatory authority. Regarding the first research question, this study finds that the Commission has had an inconsistent approach towards the regulation of online platforms. It has highlighted the importance of platforms and their regulation but has avoided introducing concrete proposals until the Digital Services Act. Regarding the second research question, this study finds that online platforms are a new dynamic business model that top-down regulation is too inflexible to regulate. Taking into account the characteristics of online platforms and the division of competences in the EU, this study recommends co-regulation for the regulation of online platforms.
  • Calderón, Aparna (2020)
    Tiivistelmä – Referat – Abstract Post the financial crisis of 2008, European Union has introduced a plethora of laws to reform the financial system and make it further resilient. While the crisis led to financial reforms that have created heavy load of compliance, it also created a field for innovation led financial services called Fintech. In the post-Covid-19 era, the need for financial institutions and supervisors to speedily and efficiently deal with compliance has become more pronounced, as they brace for the impact of pandemic and focus on other critical tasks. The combination of regulatory compliance load on one side and innovation on other side have made the role of AI critical to regulatory compliance and supervision. On this premise, the thesis discusses existing role of AI and the challenges in successful deployment of AI where it can be scaled to exploit all its abilities. The challenges in deployment of AI are two fold – one that relate to its role in compliance with financial governance framework including AML, PSD2, MiFID II and GDPR etc. requirements, and other that deals with the role of AI within compliance procedures such as reporting, following up with regulatory requirements and policies etc. The discussion aims to identify the gaps in technology such as black box problem and inductive bias in AI, as well as regulatory framework that hamper the deployment and exploitation of AI in compliance and supervision of financial institutions. At the same time, innovations such as RegTech and SupTech enable AI to provide fast solutions to banks, Fintech and supervisory authorities. The technological and regulatory challenges of AI are identified by doing empirical research and applying legal dogmatics, as well as considering socio-economic factors affecting the financial industry. The discussion also notes the vision of a Digital Europe and how the recently announced policy discussions such as the AI strategy, Data Strategy, Cloud Initiative, Digital Finance Strategy etc make a profound impact on the gaps identified, but also leave exposure to other possibilities such as lengthy process of adoption, implementation and testing of these policies. The discussion concludes that successful adoption of the proposed laws, provisions for financial industry in the AI strategy and new and innovative methods such as data ethnography can together solve the technological and regulatory challenges identified as hinderance to scaling up AI role in regulatory compliance.