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Consumer Protection and Global Trade in the Digital Environment. Edition No. 1

VDM Publishing House, Oct 2008, Pages: 340


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The advent of internet as
a means of conducting trade has
created new challenges. It is not the first
time
that technology challenges the
efficiency of the current legal framework but the
extent of the threat to privacy renders a new
approach
imperative. In the light of this realisation
the different approaches towards data protection in
the EU and US are thoroughly
analysed. The divergence in the approach is flowing
from different historical
developments and experiences and hence different
legal traditions. The adoption of
the EU Directive on Data Protection has been the
milestone which reset the debate on
a wholly different basis. It revealed the cultural
and legal differences between the two
sides of the Atlantic and underlined the
difficulties in agreeing upon a common
solution. The paper focuses on the analysis of the
relevant historical and legal
framework in the EU and US and concludes with
certain proposals of legal and
technological nature to deal with the problem. Its
central thesis is that the challenges
that internet poses on privacy should be dealt
within the context of Europe’s
established legal and humanistic traditions.



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