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  • Privacy Issues Regarding the Use of Web Cookies
    43-58
    Views:
    318

    EU cookie laws have been in place since 2011, but before the entry into force of the GDPR, the conditions for consent were interpreted differently across Europe. Since the GDPR came into effect, there has been a great deal of interest in how it applies to cookies and similar technologies. The GDPR updated the EU’s longstanding digital privacy framework, with key additions including tightening the rules around consent as a legal basis for processing personal data. The purpose of this study is to clarify for data controllers the rules they need to pay attention to, in order to ensure that the use of cookies on its websites is strictly in accordance with applicable laws

  • Reflections on the validity of exculpatory clauses in light of Section 6:152 of the Hungarian Civil Code
    9-24
    Views:
    174

    Section 6:152 of the Hungarian Civil Code (HCC) is an objective cap on the freedom of contract, it is an unconditional (absolute) and minimum protection to which all exculpatory clauses are subject. In this essay, this rule is examined in a wide and complex context. These exculpatory clauses are closely connected to the consent of an injured person or their  assumption of risk, or their waiver (especially waiving claims for damages) as unilateral juridical acts. The relationship between this statute and other grounds of invalidity shall also be examined, especially the connection to the invalidity rule of unfair standard contract terms.

  • A Case Study on the Interaction Between the General Data Protection Regulation and Artificial Intelligence Technologies
    45-57
    Views:
    208

    This paper presents a general overview of the problems regarding the regulation of artificial intelligence (AI) raised in the official published works of the European Union (EU) and interprets these problems from the perspective of the Hungarian experts as a case study. Even though a new regulation on AI has already been proposed at the EU level, the paper evaluates specific rules and principles regarding data protection since data is the lifeblood of AI systems and the protection of such data is a fundamental right enshrined in the EU legislation via the General Data Protection Regulation (GDPR). The result of the study shows that the application of the GDPR on AI systems in an efficient and uniform way might be at stake since different outputs were generated by the experts to the same legal questions deriving from a scenario presented.

  • Organic laws and the principle of democracy in France and Spain
    62-74
    Views:
    118

    During the last decades, several countries have entrenched a special subcategory of law, which is adopted by stricter procedural rules than that of the ordinary legislative process. These laws are enacted by qualified majority, by the consent of the two chambers of the legislature, and they are subject to mandatory constitutional review before their promulgation, or additional safeguards are implemented in the ordinary legislative process. In this study, I compare the experiences of two crucial legal systems, France and Spain, which provide two different frameworks of qualified law. My aim is to identify the most contested issues from the legal nature of qualified laws, and to seek the proper solutions of these issues, as well as an ideal model of qualified law. My contribution focuses on the relationship between qualified laws and the principle of democracy, and aims to open up new perspectives in this regard.