Marcelo Corrales Compagnucci – författare

This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure – including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems.

Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative.

Providing a forward-thinking outlook, this book presents an in-depth examination of how a human-centred, visual and participatory design approach can improve legal services and outcomes. Spanning numerous fields of legal practice, from education, housing and contracts to intellectual property, it highlights how visuals, information design and better communication can help prevent and solve legal problems. Chapters explore a new vision of lawyering and its potential to encompass a more creative and collaborative approach to legal practice.

Legal Design will be of benefit to students and scholars seeking an up-to-date analysis of current trends related to legal design thinking and execution. It will also be a key resource for legal practitioners, policy-makers, government officials and business professionals looking to deepen their understanding of the field and improve their own design tools.

Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker.

Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law.

By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls “plan-like architectures,” endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets. 

The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. 

The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources.Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. 

From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legaldebates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds. 

In an age of digital globalization, navigating the complex landscape of international health data transfers presents significant challenges. This anthology delves into the intricate matrix of regulations, policies, and technologies that govern the transnational flow of health data and provides a comprehensive analysis of the legal frameworks across multiple jurisdictions.

This volume sheds light on a range of topics, spanning the multifaceted data transfer mechanisms anchored in the General Data Protection Regulation to the landmark Schrems II court decision that resulted in the invalidation of the Privacy Shield, giving rise to the new Standard Contractual Clauses and the EU-US Data Privacy Framework. These seminal events triggered reforms not just in Europe and the US but have had far-reaching effects on global policy frameworks.

In light of these developments, the book explores the contemporary regulatory shift spanning countries from the Global North and Global South. This comprehensive exploration encompasses a diverse array of nations, from the European Union, United Kingdom, United States, Japan, South Korea and Taiwan, to China, Australia, Nigeria, Colombia and India. With insights from leading experts and enriched by global case studies, this collection offers a holistic view of the evolving dynamics in international health data transfers. The book provides an indispensable resource for policymakers, legal scholars, healthcare professionals, and technology enthusiasts traversing the intersection of law, ethics, and global health data in the 21st century.

Data sharing – broadly defined as the exchange of health-related data among multiple controllers and processors – has gained increased relevance in the health sciences over recent years as the need and demand for collaboration has increased. This includes data obtained through healthcare provisions, clinical trials, observational studies, public health surveillance programs, and other data collection methods.

The practice of data sharing presents several notable challenges, however. Compliance with a complex and dynamic regulatory framework is essential, with the General Data Protection Regulation being a prominent example in a European context. Recent regulatory developments related to clinical trial transparency, trade secrecy, data access, AI training data, and health data spaces further contribute to the difficulties. Simultaneously, government initiatives often encourage scientists to embrace principles of “open data” and “open innovation.”

The variety of regulations in this domain has the potential to impede widespread data sharing and hinder innovation. This edited volume, therefore, compiles comparative case studies authored by leading scholars from diverse disciplines and jurisdictions. The book aims to outline the legal complexities of data sharing. By examining real-world scenarios from diverse disciplines and a global perspective, it explores the normative, policy, and ethical dilemmas that surround data sharing in the health sciences today.

Chapter Patient Perspectives on Data Sharing, Chapter Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data after Schrems II are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.