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The EU Law Enforcement Directive (LED): A Commentary provides an article-by-article commentary on the Law Enforcement Directive (Directive 2016/680) edited by two leading scholars in the field of personal data protection.

The EU Law Enforcement Directive (LED)

A Commentary

<ul><li>Background and Evolution of the EU Law Enforcement Directive (LED)</li> <li>Council of Europe</li> <li>Brexit</li> <li>National Implementations</li> <li>Part 1: General Provisions (Articles 1-3)</li> <li>Article 1 Subject Matter and Objectives</li> <li>Article 2 Scope</li> <li>Article 3 Definitions</li> <li>Part II: Principles (Articles 4-11)</li> <li>Article 4 Principles Relating to Processing of Personal Data</li> <li>Article 5 Time-Limits for Storage and Review</li> <li>Article 6 Distinction between Different Categories of Data Subject</li> <li>Article 7 Distinction between Personal Data and Verification of Quality of Personal Data</li> <li>Article 8 Lawfulness of Processing</li> <li>Article 9 Specific Processing Conditions</li> <li>Article 10 Processing of Special Categories of Personal Data</li> <li>Article 11 Automated Individual Decision-Making</li> <li>Part III: Rights of the Data Subjects (Articles 12-18)</li> <li>Article 12 Communication and Modalities for Exercising the Rights of the Data Subject</li> <li>Article 13 Information to be Made Avaliable or Given to the Data Subject</li> <li>Article 14 Right of Access by the Data Subject</li> <li>Article 15 Limitations to the Right of Access</li> <li>Article 16 Right to Rectification or Erasure of Personal Data and Restriction of Processing</li> <li>Article 17 Exercise of Rights by the Data Subject and Verification by the Supervisory Authority</li> <li>Article 18 Rights of the Data Subject in Criminal Investigations and Proceedings</li> <li>Part IV Controller and Processor (Articles 19-34)</li> <li>Article 19 Obligations of the Controller</li> <li>Article 20 Data Protection by Design and by Default</li> <li>Article 21 Joint Controllers</li> <li>Article 22 Processor</li> <li>Article 23 Processing under the Authority of the Controller or Processor</li> <li>Article 24 Records of Processing Activity</li> <li>Article 25 Logging</li> <li>Article 26 Cooperation with the Supervisory Authority</li> <li>Article 27 Data Protection Impact Assessment</li> <li>Article 28 Prior Consultation of the Supervisory Authority</li> <li>Article 29 Security of Processing</li> <li>Article 30 Notification of a Personal Data Breach to the Supervisory Authority</li> <li>Article 31 Communication of a Personal Data Breach to the Data Subject</li> <li>Article 32 Designation of the Data Protection Officer</li> <li>Article 33 Position of the Data Protection Officer</li> <li>Article 34 Tasks of the Data Protection Officer</li> <li>Part V Transfers of Personal Data to Third Countries or International Organisations (Articles 35-40)</li> <li>Article 35 General Principles for Transfers of Personal Data</li> <li>Article 36 Transfers on the basis of an Adequacy Decision</li> <li>Article 37 Transfers Subject to Appropriate Safeguards</li> <li>Article 38 Derogations for Specific Situations</li> <li>Article 39 Transfers of Personal Data to Recipients Established in Third Countries</li> <li>Article 40 International Cooperation for the Protection of Personal Data</li> <li>Part VI Independent Supervisory Authorities (Articles 41-49)</li> <li>Article 41 Supervisory Authority</li> <li>Article 42 Independence</li> <li>Article 43 General Conditions for the Members of the Supervisory Authority</li> <li>Article 44 Rules on the Establishment of the Supervisory Authority</li> <li>Article 45 Competence</li> <li>Article 46 Tasks</li> <li>Article 47 Powers</li> <li>Article 48 Reporting of Infringements</li> <li>Article 49 Activity Reports</li> <li>Part VII Cooperation (Articles 50-51)</li> <li>Article 50 Mutual Assistance</li> <li>Article 51 Tasks of the Board</li> <li>Part VIII Remedies, Liability, and Penalties (Articles 52-57)</li> <li>Article 52 Right to Lodge a Complaint with a Supervisory Authority</li> <li>Article 53 Right to an Effective Judicial Remedy Against a Supervisory Authority</li> <li>Article 54 Right to an Effective Judicial Remedy Against a Controller or Processor</li> <li>Article 55 Representation of Data Subjects</li> <li>Article 56 Right to Compensation</li> <li>Article 57 Penalties</li> <li>Part IX Implementing Act (Article 58)</li> <li>Articles 58 Committee Procedure</li> <li>Chapter X Final Provisions (Articles 59-65)</li> <li>Article 59 Repeal of Framework Decision 2008/977/JHA</li> <li>Article 60 Union Legal Acts already in Force</li> <li>Article 61 Relationship with Previously Concluded International Agreements in the Field of Judicial Cooperation in Criminal Matters and Police Cooperation</li> <li>Article 62 Commission Reports</li> <li>Article 63 Transposition</li> <li>Article 64 Entry into Force</li> <li>Article 65 Addressees</li> </ul>

This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.

Balancing Conflicting Rights and Interests

Proportionality in EU Digital Law

Hart Studies in Commercial and Financial Law

Stay ahead of the curve with this essential book, offering a concise, comprehensive and up-to-date analysis of the Prospectus Regulation (including its recent amendment by the EU Listing Act) and the pathbreaking Regulation on European Crowdfunding Service Providers (ECSPR). Placing the discussion in the context of the Capital Markets Union (CMU), this book provides a fresh and insightful perspective on the ever-evolving regulatory landscape of EU primary capital markets, setting out a practical roadmap for achieving effective and inclusive regulation. With a keen focus on the dynamic relationship between legal uniformity and differentiation, the book addresses 2 pivotal questions: how can the imperative of investor protection be balanced with the goal of providing businesses with improved and cost-effective access to EU primary securities markets, and how can the pursuit for greater unification be practically reconciled with the growing demand for regional solutions in a post-Brexit era? Unveiling a unique normative framework, the book provides a holistic perspective; it explores the underlying objectives and intricate complexities of the CMU, critically evaluates the transformative potential of regulatory actions, sheds light on potential inconsistencies, and offers insightful suggestions for future reforms. A must-read for policymakers, scholars, legal practitioners and anyone seeking to comprehend the current and emerging challenges in the regulation of EU primary capital markets.

Between Uniformity and Differentiation

Regulating Primary Markets in the Capital Markets Union

An expert companion to the political and legal issues that led to Brexit, the challenges the UK now faces, possible outcomes of the negotiations, and the implications for the future of the UK and EU.

On Brexit

Modern Studies in European Law

This book presents a constructive exploration of the dilemmas the EU faces in regulating the risks of modern biotechnology. 

It comprehensively examines the current European framework applicable to the marketing of GMOs (genetically modified organisms), and its iterative reforms, in order to assess the regulatory character of the governance system in this controversial policy field.
 
The author situates the problems of the EU GMO regime in the broader context of 'post-state' regulation and discusses them in the light of some of the governance theories that were developed to respond in part to the dilemmas of risk regulation. The book contains analyses of the following issues: the EU laws pertinent to GM products; the approval procedures for placing GMOs on the market; the post-approval control system of commercialised products, as well as the respective judicial interpretations of the EU Court of Justice. The evaluation of the developed governance solutions is also presented.

The examination of the GMO governance reveals that the regime embodies different regulatory modes introduced by the EU which are combined in various forms in a way that frequently influences the adequacy of the adopted measures. The conclusion stemming from these findings suggests that the most appropriate solution for GMO policy in the EU is a reflexive and revisable combination of various regulatory approaches by policy-makers which will allow for the enforcement of their functions and the accommodation of different, often contradictory, policy needs.

EU Governance of GMOs

The New Law of State Aid and Subsidies

The Future of Private Law

This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.

Towards a Dynamic Europeanisation of Private Law

Free Movement of Legal Ideas

Provides comprehensive analysis of the UK Procurement Act 2023 for practising lawyers and anyone else with a professional interest in in the application of this important post-Brexit regime.

Text, Guide, and Analysis

UK Procurement Legislation

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Between Immunity and Recognition

The Search for a European People

Oxford European Union Law Library

The third edition of the recognized authority in the field provides a sophisticated analysis of the general principles of EU law. Comprehensively addressing new developments in the area, this is an invaluable point of reference for academics and legal practitioners alike.

The General Principles of EU Law

The end of the Cold War gave way to a fundamental shift in the structure of the international system. It was an era characterized above all by liberal triumphalism in which Western politicians and policymakers turned to international organizations (IOs) to spread and reinforce liberal values. These IOs, backed by the West, proliferated at exceedingly high rates, with democracies in particular becoming fully integrated members. Scholars agreed with policymakers, finding overwhelming evidence that these IOs were positive forces for democracy, and for several decades liberal democracy appeared ascendant. However, beginning around 2010, liberal democracy's forward march abruptly halted, and ongoing evidence of democratic backsliding ---an historically unprecedented phenomenon in which democratically elected officials erode liberal democratic institutions--- calls into question the post-Cold War narrative of liberal democratic triumphalism. What explains democracy's sudden reversal of fortune and the emergence of this new form of democratic regression on the heels of unmatched international integration and support for liberal democracy? Eroding Democracy from the Outside In proposes a novel international-level theory of democratic backsliding. In the decades after the Soviet Union fell, IOs became not only much more common, but a certain subset of these organizations also gained unprecedented power and influence over domestic affairs and substantive, highly salient economic and political policy outcomes. One unintended consequence of this increased delegation of economic and political policy authority to powerful IOs has been that over time core domestic representative institutions, such as political parties and legislatures, have been eroded, while power has been increasingly concentrated in the hands of executives who represent their states at the international level. These weak institutions, unable to either represent citizens' wide-ranging interests or act as a check on growing executive power, have paved the way for would-be autocrats to consolidate their hold on the state. The result all too often has been democratic backsliding.

International Organizations and Democratic Backsliding

Eroding Democracy from the Outside In

Proposes a regulatory system for ensuring that AI makes fair decisions, based on a detailed analysis of human approaches to decision fairness and how far AI developers can match them.

Law, Regulation, and Technology

AI Fairness and Beyond

The EU Law Enforcement Directive (LED)

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