/library/oar/handle/123456789/113258 2025-11-06T07:49:38Z 2025-11-06T07:49:38Z /library/oar/handle/123456789/118995 2024-02-26T07:18:02Z 2023-01-01T00:00:00Z

Title: The proposed European Union civil liability framework for artificial intelligence Abstract: The omnipresence of fast-growing technologies in our everyday life became necessary for the functioning of the economy and society. Namely the fast development of Artificial Intelligence in many fields like health and agriculture, leads us to a general interrogation of whether artificial intelligence could be a threat to humankind. However, to prevent harmful use of artificial intelligence the law needs to intervene by setting clear legal boundaries on which ways the recourse of Artificial intelligence can be allowed and when damage is caused to condemn the responsible ones. This no man’s land field law challenges national authorities as well as the European Union. Thus, with a precise objective policy the European Commission presented on the 28th of September 2022 a legislative package, composed of a proposal for a Directive on adapting non-contractual civil liability rules for damages caused by AI (AILD), and of a second proposal for a revision of the Product Liability Directive 85/374/EEC (PLD). The prevailing intent of this dissertation is to provide a critical legal analysis of this new civil liability regime applicable to AI and to assess whether it allows a sufficient and uniform consumer protection across the Member States, as intended by the European Commission. The first chapter focuses on the explanation of the reasons and objectives motivated by the European Union to implement new civil liability specific to the involvement of artificial intelligence. The second chapter inquires into the analysis of the AILD, a particular focus will be made on the requirements to establish the fault-based liability. Nevertheless, this chapter lastly explores the unclarity of the terms present in the proposal causing beaches in the proposed civil liability scheme. Lastly, the last chapter delves on the proposal revising the Product liability Directive and how the strict liability regime can be established in a compensation claim because of damages caused by an artificial intelligence product. Description: LL.M.(Melit.)

2023-01-01T00:00:00Z /library/oar/handle/123456789/118994 2024-02-26T07:16:11Z 2023-01-01T00:00:00Z

Title: Regulating digital influencers through EU consumer protection law Abstract: Social media influencer marketing has gained significant popularity in the field of advertising, consumer law and the protection of children and minors from potential manipulation. Social media influencers are perceived by consumers as trustworthy and individuals who they can relate to. With the growth of social media platforms like YouTube and Instagram, influencers now have a prominent role in influencing consumers transactional decisions. Considering the significant societal impact of social media influencer marketing, research in this area is necessary. The primary objective of this study is to provide a comprehensive understanding of the industry of social media influencer marketing. Including fundamental concepts, the key challenges introduced to the digital environment, the shift that social media has brought to society and e-commerce. As well as, how all these factors contribute to influence consumer transactional decisions. Furthermore, some of the key legal framework governing this field will be explored, by adopting a comparative analysis on the various approaches taken by different Member States as their way of regulating social media influencer marketing. This approach was beneficial as it allowed this study to highlight some of the gaps and limitations in this area. This dissertation focuses particularly on two key directives: the Unfair Commercial Practices Directive and the Audiovisual Media ¸£ÀûÔÚÏßÃâ·Ñ Directive. Lastly, this dissertation aims to provide some ideas on how we can effectively regulate this area and safeguard consumers interests moving forward. Description: LL.M.(Melit.)

2023-01-01T00:00:00Z /library/oar/handle/123456789/118993 2024-02-26T07:14:28Z 2023-01-01T00:00:00Z

Title: An inconvenient market : the planetary destruction by the crypto-assets market and what we should do about it Abstract: It is clear to see that the crypto-assets market is one of the most innovative and fastest growing markets in the world. However, behind this impressive rise in the status of the market, lies a much more troublesome reality. Research has shown that the use of unsustainable mining mechanisms used in the mining of crypto-assets, is severely carbon emitting and is subsequently preventing countries from achieving their climate goals. Accordingly, the exponential emissions of crypto-assets is such that it is substantively one of the most proportionately threatening markets to the environment on earth. If the leading crypto-asset, Bitcoin, was a country it would be the 33rd most carbon-emitting country in the world with a higher emissions level than the Netherlands. On the other hand, what is equally disturbing about this colossal threat to the environment is that it is barely environmentally regulated at all. Evidently, what this dissertation investigates is as to how the crypto-assets market can be effectively regulated on a global scale, and what the requisite global framework would need to look like to effectively bring an end to this imposing environmental threat. Subsequently, the first chapter of this dissertation establishes the facts and debunks the myths surrounding the true environmental impacts of the market, thus clarifying exactly why regulatory intervention is urgently needed. The second chapter establishes the current regulatory efforts and theorises as to which jurisdictions or industry leaders are the most likely to lead global efforts in pioneering environmental intervention into the market. The third and final chapter delves deep into the need for an all-encompassing global framework for fighting the market’s environmental impacts on all fronts. This chapter subsequently highlights various potentially innovative measures that could make an enormous difference in the broader climate crisis, including regulating blockchain with blockchain and decentralised global carbon markets. Description: LL.M.(Melit.)

2023-01-01T00:00:00Z /library/oar/handle/123456789/118992 2024-02-26T07:13:44Z 2023-01-01T00:00:00Z

Title: The impact of the Digital ¸£ÀûÔÚÏßÃâ·Ñ Act (DSA) on the potential liability of online marketplaces on the basis of EU consumer law Abstract: The goal is to present the new challenges of E-Commerce and how the European Union Legislation adapted to this new form of commerce, using mainly the Digital Acts: Digital Markets Act and Digital ¸£ÀûÔÚÏßÃâ·Ñ Act. The first however, won’t be studied in this paper. This subject will allow to show that the law is in every aspect of life and that even if it takes time, legislation is necessary when dealing with such life changing innovations. It is true that for users it does not seem new, it is not. However, the law needs more time to adjust and learn every day on how to adapt to those new challenges – which is especially the case in E-commerce because technology just develops so quickly. The studies done will also focus on the protection of consumers – how is the current legislation on the subject applicable to E-Commerce, how did the legislation improve to face the new challenges of E-commerce, when consumers are dealing between them when there is no professional involved? All of these questions will of course be answered in this dissertation. The consumer is considered to be one of the weakest type of legal subject to be able to contract, the need for protection has always been really present in European Union Legislation on this topic and continues to be. The Digital Acts keep going in this direction alongside the Directives from 2019 about implementing all this consumer protection rules into E-commerce and online platforms. Finally, this paper will end by focusing on the grounds for platforms’ liability – for their own behavior and the businesses’ behaviors. The idea being to understand how the platform can be liable, how it can avoid liability and how, why the consumers need so much protection in the online world. Description: LL.M.(Melit.)

2023-01-01T00:00:00Z