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Regulation of Cloud Services under US and EU Antitrust, Competition and Privacy Laws

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Sára Gabriella Hoffman

This book examines how cloud-based services challenge the current application of antitrust and privacy laws in the EU and the US. The author looks at the elements of data centers, the way information is organized, and how antitrust, competition and privacy laws in the US and the EU regulate cloud-based services and their market practices. She discusses how platform interoperability can be a driver of incremental innovation and the consequences of not promoting radical innovation. She evaluates applications of predictive analysis based on big data as well as deriving privacy-invasive conduct. She looks at the way antitrust and privacy laws approach consumer protection and how lawmakers can reach more balanced outcomes by understanding the technical background of cloud-based services.

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12 Cyber foreign policy

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12 Cyber foreign policy

Cloud service providers have recently experienced a lot of political push back because of the governmental use personal data. Cyber foreign politics is no longer a niche activity but a core concern on the international diplomatic agenda. The recent cyber security efforts are a legal recourse and a political reaction. But just because cyber security has not been at the forefront of the international political agenda before does not mean that there is no preexisting legal environment. This chapter illustrates the provisions already in place.

12.1 Introduction to the NIS Directive

The Directive of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union (NIS Directive) is designed to ensure a uniform network and information security (NIS) level. The NIS Directive proposes an increased collaboration between EU Member States. It will also mandate operators of critical infrastructures, such as energy, transport, and key providers of information society services (e-commerce platforms, social networks, etc.), as well as public administrations to adopt appropriate steps to manage security risks and report serious incidents to the national competent authorities.549 Data gathered from information society services such as social networks and commerce platforms as well as banking data inherently entails personal data. Since the NIS Directive mandates that risk management measures and information exchange with relevant authorities be adopted550, the information to be exchanged may at the same time be subject to...

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