The internet is a non-national space, not subject to the sovereignty of any state. Technological corporations have imposed on the internet their own regulations and pre-formulated a-national contracts, as well as moral precepts or axiology of private origin, but having global, imperialist opposability, appropriating through occupation and usucapion both on significant fractions of this a-national space, as well as on some fractions of the inte...

The merger of the companies involves a ”transfer of assets”. The first question is whether personal data is an element of assets. The merger of companies requires that at least the data of one of the companies, acting as operator, to be transferred to another. The second question concerns the steps that negotiation teams need to consider regarding personal data. In this respect, the company’s relations with its contractors will be evaluated, ...

The specific legislation on the protection of personal data provides operators with six grounds on which they can collect and process such data, and choosing the most appropriate one for each situation is not always an easy task. One of the six legal grounds is the consent of the data subject, and the manner in which it is regulated and private law habits could create the impression that consent is the „king” of the grounds for the processing...

Cookies have become an almost constant presence in the online environment. In such context, site operators need to pay particular attention to the use of such technology, especially from the perspective of the legislation concerning personal data protection in the electronic environment. This text aims at summarising the general legal requirements applicable to the use of cookies and to draw attention, without envisaging to comprehensively dea...

This thesis aims to challenge the hypnotize that while indeed innovating, GDPR does not put in control the people over their data. It was not designed in this propose. All the made statements will be developed, supported, and explained and as much possible try to address in the body of the essay. Such as: Is the privacy yet a fundamental classic freedom right as used to refer in EU Charter of Fundamental Rights or Convention 108? Are yet the ...

Prior to the General Data Protection Regulation (GDPR), the procedure for notifying the supervisory authority was designed to ensure disclosure of the purposes and main features of any processing operation for the purpose of verification that the operation is in accordance with the national measures taken under Directive 95/46/EC. With the application of Regulation (EU) 2016/679, controllers are no longer required to notify data processing, ho...

The article represents a brief overview of the regulation of the right to one’s image and the limits to the use of a natural person’s image, especially by contrast with the right to free speech. Afterwards, the authors analyse the special case of distribution of portraits on social networks, pointing out the possible remedies available to the damaged persons in case of unlawful distribution of their image.

This article is based on the outline of the presentation made by the author at the „Cloud Computing: challenges and opportunities from data protection perspective” conference organised by Microsoft Romania on 4 June 2014. The contents revolves around what cloud computing means, as well as on some of the legal challenges often encountered in connection with this type of service. Nevertheless, the matters herein are presented in a concise fashio...

Open data is a hot topic in European Union in the past few years that raises a series of legal issues from different perspectives: copyright and related rights, personal data protection or re-use of public information. We are writing this article with the aim to overview the main legal problems related to open data from a Romanian legislation point of view, as well as a presentation of the relevant public policies on the topic, in order to bet...