This thesis addresses the question of how data protection law should respond to the challenges arising from the ever-increasing prevalence of big data. The investigation is conducted with the case study of online behavioural advertising (OBA) and within the EU data protection legal framework, especially the General Data Protection Regulation (GDPR). It is argued that data protection law should respond to the big data challenges by leveraging the regulatory options that are either already in place in the current legal regime or potentially available to policymakers. With the highly complex, powerful and opaque OBA network, in both technical and economic terms, the use of big data may pose fundamental threats to certain individualistic, collective or societal values. Despite a limited number of economic benefits such as free access to online services and the growth of the digital market, the latent risks of OBA call for an effective regulatory regime on big data. While the EU's GDPR represents the latest and most comprehensive legal framework regulating the use of personal data, it has still fallen short on certain important aspects. The regulatory model characterised by individualised consent and the necessity test remains insufficient in fully protecting data subjects as autonomous persons, consumers and citizens in the context of OBA. There is thus a pressing need for policymakers to review their regulatory toolbox in the light of the potential threats. On the one hand, it is necessary to reconsider the possibilities to blacklist or whitelist certain data uses with mechanisms that are either in place in the legal framework or can be introduced additionally. On the other hand, it is also necessary to realise the full range of policy options that can be adopted to assist individuals in making informed decisions in the age of big data.

The U.S. Consumer Product Safety Commission's A Handbook For Public Playground Safety was published in 1981 in response to a petition to develop a mandatory set of safety standards. The National Recreation and Park Association and the National Bureau of Standards were selected to work on the project. As the study developed, the Commission realized that a set of standards was needed instead of mandatory requirements. Because there has not been any improvement in injury statistics nation-wide to date, the purpose of this study was to determine the degree of utilization of the guidelines in Tennessee. This was seen as being important to public agencies due to the liability of operating playgrounds and the rising expense of judgments against agencies in lawsuits. A survey instrument was developed, with the aid of a jury of experts, to serve as the data gathering tool. It was mailed to ninety-four city and county departments in Tennessee. The survey included questions concerning the possession of the Handbook, inspections and maintenance, playground design, ground surfaces, and playground equipment. It was analyzed by tabulating percentages, simple frequencies, and numerical ranking. Surveys were completed and returned by sixty-four departments; only half responded that they had copies of Handbook. The tabulations indicated that all of those who were familiar with the Handbook reported that they believed utilizing them would reduce injuries. The majority of those responding to the survey indicated that the guidelines were being followed and that inspections and maintenance were being conducted regularly. Moreover, the tabulations indicated that the types and placement of equipment were usually within the guidelines. The researcher, based on the findings of the study, the recommended: all departments should obtain a copy of the Handbook and use it as a guide for any aspect of their playgrounds; documentation and inspection of playgrounds should be carried out at least weekly by employees who are assigned to the task and trained; any playgrounds that do not conform to the guidelines should be renovated or removed: and ground surfaces should be used in recommended depths to aid in cushioning falls.

This thesis examines the balance between copyright owners and users by studying the nature of the rights and exceptions related to transmission of copyrighted works over the internet, focusing on three different jurisdictions: Australia, Japan and the United States.The choice of Japan and the United States is based on consideration of the following elements: 1. Both countries possess advanced information technology; 2. Both countries too the lead in legislating for copyright protection in the digital environment; 3. Both countries have different legal systems. In the matter of statutory reaction of transmission of works over the internet, there is no uniform solution around the world as the divergent laws in the three chosen countries demonstrate.

<p>This study is a comparison of Swedish and Danish legislation on recycling of MSWI (Municipal Solid Waste Incineration) residues for construction purposes. The aim has been to look for differences and figure out whether these could be a reason for the minor use of MSWI ashes in Sweden compared to Denmark. To do this, text analysis has been performed on Swedish and Danish environmental legislation with focus on recycling of incineration ashes for constructions. </p><p>In Denmark, use of incineration ashes was very common and large amounts were recycled during the 1980’s and 1990’s. The new legislation, more similar to the Swedish in terms of an increased need for assessments along with tightened limits for hazardous substances, has diminished the use. </p><p>This shows that changes in Danish legislation towards the Swedish complicate the use of incineration ashes. Thereby the minor use of ashes from MSWI in Sweden could, at least partially, be explained by differences in Danish and Swedish legislation.</p>

This thesis has taken an in-depth look into bank computer security, the bank security officer, and "The 1968 Bank Protection Act."To accomplish this, a questionnaire was developed and furnished to all bank members of the Indiana Bankers Association to be responded to by the bank security officers. This document was based on the premise that this bank officer is ill-trained, overworked by unrelated duties, and generally not interested in security."The 1968 Bank Protection Act" made this officer's position a legal requirement to maintain its banking operation and charged this officer with certain duties.The resultant responses verified the original hypothesis and showed a need for future training.This thesis shows the profile of, a computer criminal and also some cases to illustrate the type and scope of criminal ventures related to bank computer facilities. This was all coupled with an analysis of the law as it applies and offers a training vehicle to bring this officer up to a level of competency in this field.Ball State UniversityMuncie, IN 47306

Two major pillars of the state responsibility system are administrative losses compensation system and national compensation system. The ¡§Destruction Fire Operation¡¨ which causes innocent third person¡¦s property loss forms administrative losses compensation responsibility or national compensation responsibility promptly. The fire protection law in Taiwan has been revised and enlarged the 19th item 2 since August, 1995. From the view of protecting people¡¦s right, it is admirable to compensate people propriety loss caused by disaster. However the related compensation stipulate seems not enough. The essay based on legal principle state responsibility researches the national compensation responsibility of the ¡§Destruction Fire Operation¡¨. Meanwhile, we confirm it is true that the theory and practice are agreed with from two cases happened in Kaohsiung county. The essay researches the motive, the range and restriction, the structure and method. We have detail description on the meaning of the ¡§Destruction Fire Operation¡¨ compensation responsibility as well as extended compensation responsibility resulted from fire-fighting. We analyze and discuss the current legal provisions of ¡§Destruction Fire Operation¡¨, and practices of fire operation compensation and compensation cases.

As a country that is highly affected by the changing nature of international migration due to transformative forces of globalization, Turkey is now being defined as a country of both immigration and emigration. This thesis analyzes Turkish state&rsquo / s international migration politics and policies with regard to recent global trends in migratory movements. It examines the underlying dynamics that govern the policy making processes and tries to identify the problems stemming from them. The primary goal of the thesis is to make an elaborate assessment of the existent institutional framework and to detect the presence of securitization paradigm in the political and legal setting of international migration in Turkey by means of qualitative research methods. It investigates how international pressures and trends, national interests, political considerations and especially the dynamics of fragmented institutional structure have affected policy making strategies. In view of these factors, the thesis suggests adopting a humanitarian approach towards refugees, asylum seekers and migrants that leaves political concerns behind and avoids securitization of the issue.

Food labelling serves to (a) inform consumers about the attributes of a food product so that they can make rational and well-informed choices; (b) assist manufacturers in marketing their product; and (c) warn consumers about the inherent risks of certain products, or ingredients in the product. The costs of labelling products fully and informatively are borne by consumers, but the benefits of labelling outweigh the costs. To understand the role of labelling in an regulatory system it is vital to consider the arrangement of the provisions protecting consumers generally before considering food laws and the labelling regulations. Furthermore, due to food being an international product, it is necessary to consider foreign countries and the manner they go about in protecting consumers. The United Nations, under the auspices of the Food and Agriculture Organization (FAO) and the \Vorld Health Organization (WHO), established a Joint FAO/WHO Food Standards Programme, called "Codex Alimentarius". The aim of the programme is to establish standards that can be used internationally to narrow the gap between developed countries and developing countries. To establish a standard various organs of the Codex Alimentarius are consulted. In addition, the standards have to comply with a prescribed format and follow a specified procedure. For the standard to be observed the member country has to incorporate the standard into its domestic laws. One of the advantages of the Codex Alimentarius is that the procedure to establish a standard is flexible. Australia, United Kingdom and the United States of America are member of the Codex Alimentarius. Australia, a federation of states, protects consumers by legislating either state and/or Commonwealth laws. Often there is a combination of statutes. Examples of subjects that are governed by both Commonwealth and states include false or misleading trade practices, and weights and measures. Commonwealth laws only deal with the freedom of information. Food laws are governed exclusively by state legislation. A significant area for future reform is uniformity of the state food laws. There are also other areas for future reform (eg date marking). England and Wales protect consumers by enacting statutes that relate to private and public rights. The important Acts that protect public rights are the Trade Descriptions Act, Weights and Measures Act, Consumer Protection Act, Fair Trading Act and Food Act. One of the provisions of the Criminal Courts Act is to protect personal rights when a consumer suffers personal injury, loss or damage as a result of the offender committing an criminal offence. Food labelling is governed by regulations, that are progressive. A fundamental criticism of the legislation and regulations is the lack of appropriate enforcement of the laws. The enforcement of most of the above Acts is delegated to the local weights and measures authorities. A further complication is the United Kingdom's membership of the European Economic Community. The United States of America enacts federal and state legislation. In protecting consumers in respect of food, it enacts federal legislation. The important Acts include the Fair Packaging and Labelling Act, the Meat Inspection Act, the Poultry and Poultry Products Inspection Act and the Federal Food, Drug and Cosmetic Act. The United States government also encourages openness, with regards to its public agencies, by creating the Freedom of Information Act. The class action is an innovative remedy established in terms of the Civil Procedure Act. The enforcement of food laws is delegated to the Food and Drug Administration (FDA). The protection afforded by the United States government is complex and sophisticated. Its laws serve as model for many countries. The common law of South Africa has limited value in safeguarding consumers. Consumer protection arise mostly by way of legislation and regulations. Consumers are protected generally by the Measuring Units and National Measuring Standards Act, Trade Metrology Act, Trade Practices Act and Harmful Business Practices Act, Standards Act, Dairy Industries Act and the Marketing Act. Consumers are protected against harmful and injurious foodstuffs by the Foodstuffs, Cosmetics and Disinfectants Act, and the regulations promulgated in terms of the Act. There are several problems with the laws, eg lack of enforcement, lack of consumer awareness and education, and so on. An analysis of the foreign countries discussed in Part II result in the indication of twel ve themes. Part III examine the twelve themes and present solutions. Some of the solutions are based on comparisons with foreign countries discussed in Part 11. The main issues that need to be addressed in the short-term are the lack of consumer education and problems of enforcement of consumer protection. Long-term issues include the feasibility of introducing a department of consumer affairs and the provision of statutory civil remedies for consumers. / Thesis (LL.M.)-University of Natal, Durban,1990.

The franchising business model is an attractive option for both franchisors and franchisees. Franchisors grant the rights to use their intellectual property and business system to franchisees for a fee. Franchisees buy into the tried-and-tested business system, receive ongoing training and support and operate under an established trade mark or trade name. Fundamental characteristics of the franchise relationship include: the contractual nature thereof, the use of the franchisor‘s intellectual property by the franchisee, operating the franchise outlet according to the franchisor‘s business system, providing training and support to the franchisee, and paying for the use of the franchisor‘s intellectual property and business system. These characteristics have resulted in inherent tensions between franchisors and franchisees, which arise by virtue of, inter alia, the control exercised by the franchisor over the use of its intellectual property, franchisor opportunism, poor franchisee selection, franchisee free-riding, inadequate training and support, or the sunk investments made by the franchisee. The franchisor and franchisee generally use a franchise agreement to regulate their relationship. However, the franchise agreement itself can also lead to conflict between the parties, such as that arising from poor drafted clauses relating to territorial rights, renewal, payment, termination, restraint of trade, or confidentiality. The franchise agreement is typically drafted in the standard-form, resulting in franchisees faced with unequal bargaining power. The common law of contract is based on principles of freedom of contract and sanctity of contract and is, therefore, limited in its ability to resolve the tensions between the parties. Various models for regulating the franchising industry can be adopted, for example, self-regulation, statutory regulation, or co-regulation. Australia and Canada have adopted the statutory model by enacting franchise-specific legislation and New Zealand has followed the self-regulation model with no legislation regulating its franchising industry. South Africa did not formally regulate the franchise relationship through legislation until the enactment of its consumer protection legislation, the Consumer Protection Act 68 of 2008 (CPA), which includes a franchisee within the definition of consumer. This entails that all franchisees enjoy the protection of the CPA and all franchise agreements must comply with the provisions of the CPA. The South African economy is unique in that it is burdened by the social ills of its discriminatory past, such as high levels of unemployment, illiteracy and inequality. The country is faced with a slow growing economy with little development and promotion of entrepreneurship among small businesses. Despite the burdensome economy within which the franchising industry is required to operate, the industry‘s contribution to the Gross Domestic Product (GDP) of the country has remained stable. The South African government has identified the franchising industry as an opportunity for job creation, economic empowerment and promotion of entrepreneurship. The aim of the study is to ascertain whether the CPA is the correct legislative vehicle to regulate the franchise relationship, while enhancing the growth and development of the franchising industry. This thesis concludes that the introduction of fundamental consumer rights and rights of redress for franchisees through the provisions of the CPA has contributed to, or assisted in, the removal of the tensions inherent in the franchise relationship. In particular, the CPA has adequately addressed the lack of formal regulation of the franchise relationship through its disclosure requirements and its regulations. The thesis also proposes amendments to some of the CPA regulations, which will further enhance the disclosure requirements, and aid in curtailing the conflict caused by the terms of the franchise agreement. The thesis further proposes that the application of the CPA to franchise agreements should be limited to small, inexperienced or unsophisticated franchisees that are in need of the protection. An essential premise is that the CPA aims to protect ordinary consumers, including juristic persons, in day-to-day transactions (up to the threshold amount), to avoid suppliers taking advantage of them. Larger, more sophisticated or experienced franchisees, with stronger bargaining power and access to legal advice, do not necessarily require the protection of the CPA. The criteria relating to the size of class of micro-, very small and small enterprises, but not medium enterprises, within the different sectors or sub-sectors in terms of the National Small Enterprises Act, 102 of 1996, should be considered and used as a guide to determine whether the CPA applies to a franchise agreement. The development, growth and success of the franchising industry depends on the education of prospective franchisees wanting to adopt the franchising business model and invest in the industry. The CPA does not recognise or promote the roles of the various stakeholders (franchisors, franchisees and the government) with regard to the provision of education, training, ongoing support and assistance to prospective franchisees. This thesis proposes that mechanisms to enhance the education of prospective franchisees should be promoted, such as tandem franchising, obtaining advice undertakings from prospective franchisees before concluding franchise agreements, and increasing the role of the Consumer Commission in providing franchising education.

Businesses communicate a wide variety of messages to diverse audiences using a number of different communication types and channels daily. For example, business communication includes business reports, documents (booklets, leaflets, and official communiqués), notices, agreements, web copy and advertisements that are produced continually to address a variety of business communication needs for a variety of audiences. Although written business communication has a significant impact on customer satisfaction and consumer attitude which, in turn, affects consumer behaviour positively or negatively, there is a lack of research investigating the knowledge and application of plain language in business communication. Many studies were found to be related to communication and language, however, studies about plain language use were less prevalent. Therefore, this study aimed to investigate the awareness of the plain language regulations stipulated in the South African Consumer Protection Act (CPA) 68 of 2008 (2009). The application of these plain language principles within businesses in the Port Elizabeth Metropole, with specific reference to its use in written business communication was also investigated. The study also aimed to identify plain language best practices and constraints resulting from plain language application or non-application within the selected organisations. The research focused attention on the impact of business communication on customer satisfaction, consumer attitude and, ultimately, consumer behaviour as well as the need for plain language use in written business communication practices to ensure effective and fair (ethical) communication. A comprehensive literature review was conducted on communication, communication theory and consumer behaviour, as well as on plain language principles which might add to the effectiveness of organisations’ written business communication, to provide a theoretical foundation for the study. The study’s research methodology was approached from a phenomenological (descriptive and interpretive), and somewhat positivistic perspective, utilising qualitative and limited quantitative measures to obtain data. For this reason, three managers from three respective organisations within the Port Elizabeth Metropole were interviewed and asked to complete a rating-scale survey to obtain insight on the written business communication practices of these organisations. A content analysis of documents supplied by the participating organisations were also reviewed to provide commentary on the plain language application in each organisation. Furthermore, Section 2 of the South African CPA 68 of 2008 (2009) was also reviewed to measure and comment on the application of plain language in these organisations. Based on the data analysis, it was evident that organisations in the Port Elizabeth Metropole were aware of plain language and the plain language regulations stipulated in the South African CPA 68 of 2008 (2009), but that they were not certain what the regulations entailed exactly. Furthermore, plain language principles were applied in the participating organisations, however, complications and areas for possible improvement were identified in the data. From the study’s findings, various recommendations were made that could assist the organisations to improve their organisations’ plain language application. These recommendations included, for example, appointing plain language champions to monitor plain language application in the organisation, as well as assessing language competence of staff and training them to improve their language competencies. Recommendations for future research suggested that future studies needed to include a larger research sample, a more diverse sample population to include consumers and a broader industrial demographic. In addition, future studies could attempt to investigate communication barriers that inhibit or challenge comprehension in consumer communication.