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Detalles de la revista
Formato
Revista
eISSN
2084-1264
Publicado por primera vez
09 Apr 2014
Periodo de publicación
2 veces al año
Idiomas
Inglés

Buscar

AHEAD OF PRINT

Detalles de la revista
Formato
Revista
eISSN
2084-1264
Publicado por primera vez
09 Apr 2014
Periodo de publicación
2 veces al año
Idiomas
Inglés

Buscar

6 Artículos
Acceso abierto

Practical Methods of Implementation for the Indispensable Mechanism of GDPR Compliance

Publicado en línea: 16 Apr 2022
Páginas: -

Resumen

Abstract

New quality that has been delivered by the provisions of General Data Protection Regulation (GDPR) (EU) 2016/679 is intended to secure a higher level of safety for personal data processing operations. The following elaboration was produced as an attempt to address the questions regarding practical methods of implementation for the indispensable mechanism of GDPR compliance. The guidelines contained in the article are supposed to be helpful in enhancing the safety level for processed personal data. Theoretical and legal studies over the status and functioning of the valid legislation with reference to the practical application of personal data processing procedures have been applied in the article. The main sources of knowledge included valid legal acts, opinions from Article 29 Working Party, technical norms as well as available general knowledge. The outcomes of the said studies indicated the complexity of the issue and established the necessity to continue further studies in practical implementation methods, such as the national and European mechanism of certification or sector codes of good practices.

Palabras clave

  • GDPR
  • personal data breach
  • EU Data Protection Regulation
  • notification requirement
  • mandatory data breach notification
  • security breach notification
  • proceeding pseudonymization
  • anonymization encryption of personal data
  • proceeding system recovery and testing
  • business continuity plan
Acceso abierto

Surveillance, Whistleblowing or Ignorance of the GDPR?

Publicado en línea: 16 Jul 2022
Páginas: -

Resumen

Abstract

The article is an attempt to draw attention to the intention of the Ministry of Family and Social Policy to shape its own legal policy with regard to the ability of the officials of the Social Insurance Institution (ZUS) to obtain information about individuals subject to official control. Within the proposed changes to Art. 61a of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws 1999, 60.636, as amended), the Ministry, not taking into account the requirement to ensure the existence of constitutionally guaranteed rights and freedoms, consciously shapes the law positive for full-range surveillance of every person covered by the interest of ZUS. In such circumstances, after adopting the amendments by the Polish Parliament (Sejm), ZUS will be included in the group of law enforcement authorities, as the scope of powers and possibilities its officials in the field have of obtaining information will be unlimited.

Palabras clave

  • Ministry of Family and Social Policy
  • sickness benefit
  • surveillance
  • personal data
  • whistleblower
  • rights and freedoms
  • GDPR
Acceso abierto

Legal Mechanisms for Adapting Contracts to Changing Economic Conditions in Professional Dealings

Publicado en línea: 02 Jun 2022
Páginas: -

Resumen

Abstract

In accordance with the principle of freedom of contract, expressed in Article 3531 of the Civil Code, the parties may shape the legal relationship at their own discretion, inter alia, by including valorisation clauses. Many years of market stabilisation, especially the low inflation rate, led to almost unreflective contracting in business. A number of contracts concluded in recent years do not contain any mechanisms that would allow a change of remuneration due to the change of economic conditions, including in particular, increase of prices. Currently, due to the unstable economic situation and constantly rising inflation, indexation clauses should be widely used to protect parties’ interests. This article focuses on such clauses and the options available to the contracting parties in the absence of incorporation of such reservations in contract. The first part of the article discusses the issue of the indexation clause itself, followed by the issue of protecting the parties from potential losses caused by uncertainty of trade. The following part of article will focus on the secondary action needed to mitigate losses caused by market instability and lack of prior inclusion of indexation clauses in the concluded contract.

Palabras clave

  • valorisation
  • indexation clauses
  • principle of freedom of contract
  • professional trade
  • clause
  • Article 439 of Public Procurement Law Act
Acceso abierto

Kosovo Specialist Chambers As A New Hybrid Court In The International Judicary

Publicado en línea: 08 Jun 2022
Páginas: -

Resumen

Abstract

After years of armed conflict and talks with international organisations, the Kosovo authorities agreed to establish an independent judicial body to prosecute the perpetrators of international crimes that took place during the liberation of Kosovo between 1998 and 2000. The Kosovo Specialist Chambers and Specialist Prosecutor's Office, with its jurisdiction over crimes against humanity, war crimes, and other crimes under Kosovo law is one of the newest judicial bodies operating in the international arena. Despite several years of activity of this body, it is not clear whether Kosovo Specialist Chambers is an international court or a hybrid court in its pure form. Outlining the characteristics of a typical hybrid court, followed by an analysis of the legal framework and functioning of the Kosovo Specialist Chambers will allow for a determination of whether this court is a hybrid court or a completely new type of.

Palabras clave

  • hybrid courts
  • Kosovo Specialist Chambers
  • international criminal courts
  • international judiciary
Acceso abierto

Surveillance, Whistleblowing or Ignorance of the GDPR?

Publicado en línea: 16 Jul 2022
Páginas: -

Resumen

Abstract

The article is an attempt to draw attention to the intention of the Ministry of Family and Social Policy to shape its own legal policy with regard to the ability of the officials of the Social Insurance Institution (ZUS) to obtain information about individuals subject to official control. Within the proposed changes to Art. 61a of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws 1999, 60.636, as amended), the Ministry, not taking into account the requirement to ensure the existence of constitutionally guaranteed rights and freedoms, consciously shapes the law positive for full-range surveillance of every person covered by the interest of ZUS. In such circumstances, after adopting the amendments by the Polish Parliament (Sejm), ZUS will be included in the group of law enforcement authorities, as the scope of powers and possibilities its officials in the field have of obtaining information will be unlimited.

Palabras clave

  • Ministry of Family and Social Policy
  • sickness benefit
  • surveillance
  • personal data
  • whistleblower
  • rights and freedoms
  • GDPR
Acceso abierto

When Science Races: the Standard of Care and Medical Negligence in the Times of Covid-19

Publicado en línea: 28 Sep 2022
Páginas: -

Resumen

Abstract

When a new disease emerges, there are at first no specific medicinal products to treat it. This has also been the case in the Covid-19 pandemic. Scientists and health professionals have been trying to establish the best treatments possible using the already-existing medicines that are normally used for different indications. The off-label use of medicinal products is a standard part of medical practice. If it meets certain criteria, it is not contradictory to the standard of care. Nevertheless, the urgency of the pandemic situation brings about new issues. What amount of data on efficacy and safety should be considered sufficient to scientifically justify the off-label use of a particular medicine? How should health professionals reflect the rapid scientific developments and high levels of uncertainty in their clinical practice? How can be these factors influenced by the politicisation of medicine? The paper deals with the outlined questions in order to analyse and concretise the criteria for off-label use of medicinal product in the specific context of the Covid-19 pandemic.

Palabras clave

  • health law
  • standard of care
  • medical negligence
  • off-label use of medicinal products
  • Covid-19
  • tort law
6 Artículos
Acceso abierto

Practical Methods of Implementation for the Indispensable Mechanism of GDPR Compliance

Publicado en línea: 16 Apr 2022
Páginas: -

Resumen

Abstract

New quality that has been delivered by the provisions of General Data Protection Regulation (GDPR) (EU) 2016/679 is intended to secure a higher level of safety for personal data processing operations. The following elaboration was produced as an attempt to address the questions regarding practical methods of implementation for the indispensable mechanism of GDPR compliance. The guidelines contained in the article are supposed to be helpful in enhancing the safety level for processed personal data. Theoretical and legal studies over the status and functioning of the valid legislation with reference to the practical application of personal data processing procedures have been applied in the article. The main sources of knowledge included valid legal acts, opinions from Article 29 Working Party, technical norms as well as available general knowledge. The outcomes of the said studies indicated the complexity of the issue and established the necessity to continue further studies in practical implementation methods, such as the national and European mechanism of certification or sector codes of good practices.

Palabras clave

  • GDPR
  • personal data breach
  • EU Data Protection Regulation
  • notification requirement
  • mandatory data breach notification
  • security breach notification
  • proceeding pseudonymization
  • anonymization encryption of personal data
  • proceeding system recovery and testing
  • business continuity plan
Acceso abierto

Surveillance, Whistleblowing or Ignorance of the GDPR?

Publicado en línea: 16 Jul 2022
Páginas: -

Resumen

Abstract

The article is an attempt to draw attention to the intention of the Ministry of Family and Social Policy to shape its own legal policy with regard to the ability of the officials of the Social Insurance Institution (ZUS) to obtain information about individuals subject to official control. Within the proposed changes to Art. 61a of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws 1999, 60.636, as amended), the Ministry, not taking into account the requirement to ensure the existence of constitutionally guaranteed rights and freedoms, consciously shapes the law positive for full-range surveillance of every person covered by the interest of ZUS. In such circumstances, after adopting the amendments by the Polish Parliament (Sejm), ZUS will be included in the group of law enforcement authorities, as the scope of powers and possibilities its officials in the field have of obtaining information will be unlimited.

Palabras clave

  • Ministry of Family and Social Policy
  • sickness benefit
  • surveillance
  • personal data
  • whistleblower
  • rights and freedoms
  • GDPR
Acceso abierto

Legal Mechanisms for Adapting Contracts to Changing Economic Conditions in Professional Dealings

Publicado en línea: 02 Jun 2022
Páginas: -

Resumen

Abstract

In accordance with the principle of freedom of contract, expressed in Article 3531 of the Civil Code, the parties may shape the legal relationship at their own discretion, inter alia, by including valorisation clauses. Many years of market stabilisation, especially the low inflation rate, led to almost unreflective contracting in business. A number of contracts concluded in recent years do not contain any mechanisms that would allow a change of remuneration due to the change of economic conditions, including in particular, increase of prices. Currently, due to the unstable economic situation and constantly rising inflation, indexation clauses should be widely used to protect parties’ interests. This article focuses on such clauses and the options available to the contracting parties in the absence of incorporation of such reservations in contract. The first part of the article discusses the issue of the indexation clause itself, followed by the issue of protecting the parties from potential losses caused by uncertainty of trade. The following part of article will focus on the secondary action needed to mitigate losses caused by market instability and lack of prior inclusion of indexation clauses in the concluded contract.

Palabras clave

  • valorisation
  • indexation clauses
  • principle of freedom of contract
  • professional trade
  • clause
  • Article 439 of Public Procurement Law Act
Acceso abierto

Kosovo Specialist Chambers As A New Hybrid Court In The International Judicary

Publicado en línea: 08 Jun 2022
Páginas: -

Resumen

Abstract

After years of armed conflict and talks with international organisations, the Kosovo authorities agreed to establish an independent judicial body to prosecute the perpetrators of international crimes that took place during the liberation of Kosovo between 1998 and 2000. The Kosovo Specialist Chambers and Specialist Prosecutor's Office, with its jurisdiction over crimes against humanity, war crimes, and other crimes under Kosovo law is one of the newest judicial bodies operating in the international arena. Despite several years of activity of this body, it is not clear whether Kosovo Specialist Chambers is an international court or a hybrid court in its pure form. Outlining the characteristics of a typical hybrid court, followed by an analysis of the legal framework and functioning of the Kosovo Specialist Chambers will allow for a determination of whether this court is a hybrid court or a completely new type of.

Palabras clave

  • hybrid courts
  • Kosovo Specialist Chambers
  • international criminal courts
  • international judiciary
Acceso abierto

Surveillance, Whistleblowing or Ignorance of the GDPR?

Publicado en línea: 16 Jul 2022
Páginas: -

Resumen

Abstract

The article is an attempt to draw attention to the intention of the Ministry of Family and Social Policy to shape its own legal policy with regard to the ability of the officials of the Social Insurance Institution (ZUS) to obtain information about individuals subject to official control. Within the proposed changes to Art. 61a of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws 1999, 60.636, as amended), the Ministry, not taking into account the requirement to ensure the existence of constitutionally guaranteed rights and freedoms, consciously shapes the law positive for full-range surveillance of every person covered by the interest of ZUS. In such circumstances, after adopting the amendments by the Polish Parliament (Sejm), ZUS will be included in the group of law enforcement authorities, as the scope of powers and possibilities its officials in the field have of obtaining information will be unlimited.

Palabras clave

  • Ministry of Family and Social Policy
  • sickness benefit
  • surveillance
  • personal data
  • whistleblower
  • rights and freedoms
  • GDPR
Acceso abierto

When Science Races: the Standard of Care and Medical Negligence in the Times of Covid-19

Publicado en línea: 28 Sep 2022
Páginas: -

Resumen

Abstract

When a new disease emerges, there are at first no specific medicinal products to treat it. This has also been the case in the Covid-19 pandemic. Scientists and health professionals have been trying to establish the best treatments possible using the already-existing medicines that are normally used for different indications. The off-label use of medicinal products is a standard part of medical practice. If it meets certain criteria, it is not contradictory to the standard of care. Nevertheless, the urgency of the pandemic situation brings about new issues. What amount of data on efficacy and safety should be considered sufficient to scientifically justify the off-label use of a particular medicine? How should health professionals reflect the rapid scientific developments and high levels of uncertainty in their clinical practice? How can be these factors influenced by the politicisation of medicine? The paper deals with the outlined questions in order to analyse and concretise the criteria for off-label use of medicinal product in the specific context of the Covid-19 pandemic.

Palabras clave

  • health law
  • standard of care
  • medical negligence
  • off-label use of medicinal products
  • Covid-19
  • tort law

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