/library/oar/handle/123456789/69955 2025-11-09T10:13:22Z /library/oar/handle/123456789/92820 Title: Fair copyright for the digital age : filtering as an enforcement mechanism under the directive on copyright in the digital single market Abstract: The enactment of the "Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC", hereinafter referred to as the "DSM Directive", particularly through Article 17 (ex-Article 13), gave rise to many controversies such as threats over the internet's downfall as well as several serious criticisms centered around human rights concerns, including freedom to access to knowledge, freedom of expression and right to data privacy. The advancement of technology and the creation of new technology such as on line filters, brought into play from an inferred analysis of the final wording of Article 17, certainly have a role to play in assessing the reality of fair copyright in today's digital age and whether or not the rights of all the interested parties are properly in equilibrium. In this dissertation the author will investigate how new legal obligations introduced by the DSM Directive, impact upon the implementation of filtering mechanisms and in turn interested parties such as OCSSPs, copyright holders and users. Does the final text provide a fair balance for all in so far as safeguarding the different rights and interests involved in relation to filtering technology? In light of this, the author will seek to determine whether or not the ideal rationale of copyright has shifted in the digital age stemming closer or away from the original purpose intended by the founding founders of copyright. Ultimately, the author contends that whilst the DSM Directive is far from perfect, it manages to take a step forward both in terms of a better balance of rights and towards the ideal copyright rationale. Description: LL.M.EUR.COMP. 2020-01-01T00:00:00Z /library/oar/handle/123456789/70126 Title: Trustworthy versus fake reviews on online marketplaces and review platforms : time for the EU to regulate transparency of review systems? Abstract: In today’s e-commerce environment, many consumers rely on online reviews from peers. They find these reviews nearly everywhere in the internet and trust former customers more than a trader’s own advertisement. The possibilities to get information about a trader’s reputation are limited online due to anonymity and distance. Over the last years, online reviews had become a powerful tool for the success of business. However, some traders started to boost their business by buying positive reviews from certain companies. Other traders tried to harm a competitor through false negative reviews. Some traders decided to use incentives in order to get more reviews. ‘Fake reviews’ had become an increasing problem. Therefore, platforms developed strategies in order to detect and remove them. Consumer organisations published guidelines for the handling of online reviews. Such voluntary codes of conduct and self-control are helpful but they are not sufficient because they are not binding. Thus, there is the need for clear legislation and enforcement in order to combat fake reviews. Some Member States tackled the challenges posed by fake reviews in their own way. Several courts in Germany delivered decisions in this context, whereas France adopted a law in 2016 which directly imposes transparency requirements on online platforms. The experiences of these two countries are instructive. Albeit Directive 2005/29/EC on Unfair commercial practices (‘UCPD’) tackles fake reviews, the provisions themselves do not explicitly mention them. The Commission’s guidance of 2016 refers to online reviews, but it is not legally binding. The EU’s ‘New Deal for Consumers’ introduced Directive (EU) 2019/2161 on better enforcement and modernisation of Union consumer protection rules. The new Directive explicitly addresses online reviews and amends the UCPD by introducing transparency requirements for review systems. This leads to more legal certainty for traders and consumers alike, although the new provisions are not detailed and may still allow room for further divergent practice among Member States implementing the said Directive. Description: LL.M.EUR.BUSINESS LAW 2020-01-01T00:00:00Z /library/oar/handle/123456789/70107 Title: Regulating a revolution : a study into the viability of an international system for the indirect tax treatment of ICOs Abstract: The rise of Initial Coin Offerings has increasingly overshadowed the traditional IPOs and crowdfunding campaigns. This coupled with the increasing amounts of new virtual currencies which are emerging has made it of paramount importance to ensure an effective regulatory framework. In most jurisdictions however, the tax treatment of such fundraising mechanisms are in a grey area. Without such certainty the incentive to engage in ICOs is dwindling. Furthermore, a repercussion of the legal certainty is that ICO funded companies may struggle to meet their indirect tax obligations or that the likelihood of tax avoidance and evasion based on ICOs will increase. Therefore, the main objective of this thesis is to delve into how tokens are being treated from an indirect tax perspective and to point out how international coordination should be put in place. Description: LL.M.EUR.BUSINESS LAW 2020-01-01T00:00:00Z /library/oar/handle/123456789/70100 Title: A critical analysis of European employment representation in the context of a common European business law Abstract: This dissertation will discuss employment representation as a part of European Business Law. As of today, employment representation can be seen as an important part of European Business Law, however due to the various domestic structures and understandings of the concept of employment representation and involvement, it can also appear as a patchwork of law and not ultimately as a harmonized part of EU law. Therefore, this dissertation shall provide a critical analysis of the status quo of employment representation in the EU law while outlining the historic development of employment representation in EU law and examining the most important provisions in this context. In addition to that, the weight of the implementation of the European Enterprise, the so-called Societas Europaea (SE), shall be shortly described along with other forms of European Companies. In this context, the question shall be assessed whether there is a common ground of employment representation on EU level. In addition to that, the so-called EU Company Law Package will be briefly introduced and its impact on employee representation rights will be examined. A special focus shall be set on German Employment Representation Law, given the important role Germany played as founding member and still largest member of the EU. As a comparison to German Employment Representation Law, this dissertation will also introduce UK’s Employment Representation Law. As an additional part, the question shall be briefly discussed whether the ‘Brexit’ is likely to change the general European perception of employment representation, given that the UK had mentionable influence on the shaping of European Business Law and employment representation in particular. This dissertation will finish with a conclusion of the critical aspects and the results received from its analysis. Description: LL.M.EUR.BUSINESS LAW 2020-01-01T00:00:00Z