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Browsing by Subject "European Union Law"

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  • Comparing the European Union’s and North Atlantic Treaty Organization’s Privacy and Data Protection Policies : Finland Compared to Germany 
    Gockel, Janette (2023)
    This thesis sought to remedy the lack of information about the main differences and similarities between the European Union’s (EU) and North Atlantic Treaty Organization’s (NATO) privacy and data protection policies. To do so, it outlined both organizations’ publicly available privacy and data protection policies, as well as defined the big picture of the global legal instruments related to the topic. To understand what the impact of these policies to the members of both was, a comparison was made between Finland and Germany. The chosen methodology was comparative law. The key results indicated that main emphasis of the EU is on human rights protection. This is proven by the GDPR, which recognizes privacy as a fundamental human right. The need to safeguard the privacy of users is prioritized throughout the EU’s jurisdiction by aiming to protect data. There is a strong contrast compared to NATO, which puts the strategic interests of their allies first. NATO aims to ensure that it can leverage data as a strategic resource. Members of both must find balance between these different interests, while being part of the international community. In principle, where the EU and international agreements handle civilian matters in privacy and data protection, there NATO covers military matters. However, the rising geopolitical tensions has led to a situation where the role of the EU might be changing. The political decisions the EU is now taking will shape the future of the EU-NATO cooperation as well as privacy and data protection policies, to be possibly used in a more strategic way.
  • Regulating Adoption of Artificial Intelligence in the Financial Sector : Identifying Legal Risks and Opportunities for Technological Innovations in Banking 
    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.

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