Search

Search Results

• The Value of Personal Data in the Competition Law Assessment of the Facebook–WhatsApp Merger Case

  131-147

  Gábor Polyák

  Gábor Pataki

  Views:

  237

  The European Commission fined Facebook 110 million euros for giving misleading information within the merger procedure on acquiring the messaging service WhatsApp in 2014. The case reached a crossroad of competition law, data protection and consumer law. This was the first time the Commission imposed a fine on a company for inaccurate information since the merger regulation rules were established in 2004. Some authors criticized not only the Commission’s decision from 2017 which imposed the fine, but also the decision from 2014 in which the Commission had decided not to oppose the transaction. Some authors oppose tackling data collection issues through competition law, but some authors raise the question: is competition law enough to consider the case when personal data are involved, too? The controversial part of the decision is not about data protection law, but about the value of personal data from the perspective of competition law.

• White Book and Strategy: AI Regulation Initiations in the European Union and Hungary

  119-137

  Dániel Mazsu

  Views:

  307

  Artificial Intelligence (AI), alongside green solutions and the suddenly exploding COVID-19 pandemic, is one of the most important buzzwords of the 21st century in a growing number of areas of society and economy. Despite this, the regulation of technology is still in its infancy in all parts of the world, and neither the European Union nor Hungary are exceptions. But there are already documents and proposals that will form the basis for future legislation in the aforementioned territories. This article analyses these from several perspectives, as well as comparing them with the hopeful goal of bringing them closer to each other.

• Reflections on the validity of exculpatory clauses in light of Section 6:152 of the Hungarian Civil Code

  9-24

  Réka Pusztahelyi

  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.

• Integration of the Hungarian Water Utility Supplier from a Legal Aspect

  144-162

  János Ede Szilágyi

  Views:

  100

  The present article focuses on the integration of water utility supplier operated public water utility supplies in Hungary. According to the new Hungarian law (namely Act CCIX of 2011 on water utility supplies), the integration is merely one element of the instruments of the decision-makers to achieve their goals. According to the preamble of the act, the goals are the followings: to establish the basic rights and obligations of water utility supply, to protect national water utility property, to provide sustainable development in water utility sectors, to fulfil the objectives of the protection of drinking water resources and to ensure the conditions of water utility supply serving the extensive promotion of consumer protection, furthermore to ensure the implementation of these objectives by detached and transparent regulations. Expectedly, the procedure will be finished only by 2016, however, the number of water utility suppliers having existed before the adoption of the new law (i. e. circa 400 suppliers) has been reduced to approximately one-tenth by begin of 2014.

• Collective Redress in Certain States of Europe

  84-106

  Tamás Jagusztin

  Views:

  158

  Collective redress mechanisms can be seen in almost all of European countries (except Switzerland and Czech Republic for example). The established regulatory solutions are diverse, basically two lines are typical, and mixed systems based on these are created. One is a representative collective claim enforceable to protect the collective interests of the community (public interest). In general, such claims can only be enforced by government bodies designated by a legislator or by associations whose purpose is the protection of those interests. Another type of collective demand assists the homogeneous demands of a group of individuals by taking advantage of the merged action. In these cases, a person is usually validated by the requirements of the group members, who is himself interested in the proceedings because of his own material right.

• Hungarian Legislation on Unfair Commercial Practices – Critical Comments

  54-67

  Edit Zsuzsanna Tárczy

  Views:

  125

  Directive 2005/29/EC concerning unfair commercial practices (hereafter: UCPD) has a maximum harmonization character. The aim of this paper is to review and criticize the rules of the Hungarian implementing act. The starting point is the ban stemming from the maximum harmonization: Member States during the implementation must not create or apply stricter or milder rules than those of the UCPD. However, the Hungarian act has many problematic parts in connection with both the rules and the definitions. Besides scrutinizing these questionable points the paper also uncovers the possible practical consequences.