Martin Ebers is Professor of IT Law at the University of Tartu (Estonia) and permanent fellow at the Law Faculty of the Humboldt University of Berlin (Germany). He is co-founder and president of the Robotics
AARN: Visual Anthropology & Media Studies (Sub-Topic), 2018
German Abstract: Unternehmen konnen durch die Technik des „Behavioral Microtargeting“ suboptimale... more German Abstract: Unternehmen konnen durch die Technik des „Behavioral Microtargeting“ suboptimales Entscheidungsverhalten von Kunden gezielt ausnutzen oder hervorrufen, indem Offerten spezifisch auf einzelne Konsumenten zugeschnitten werden, um sie unter Ausnutzung ihrer kognitiven und voluntativen Schwachen schlechter zu stellen, als dies mit ublichen Angeboten der Fall ware. Der dadurch bedingte Verlust der Privatautonomie wirft die Frage auf, ob das Lauterkeits- und Datenschutzrecht sowie das BGB adaquate Schutzinstrumente zur Verfugung stellen. English Abstract: Companies can use the technique of "Behavioral Microtargeting" to exploit or evoke suboptimal decision-making behaviour of customers in a targeted manner. The resulting loss of private autonomy raises the question of whether fair trading law, data protection law as well as the German Civil Code provide adequate protection instruments.
The Cambridge Handbook of Lawyering in the Digital Age
Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The us... more Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The use of these tools in business-to-consumer (B2C) markets create many opportunities for consumers and the justice system in general, but also raises concerns in terms of access to justice, choice and information, quality, fairness, redress and representation. This paper deals with the question of whether the current legal framework in the EU is fit to meet the challenge LT poses in consumer markets, focusing especially on (national) legal services regulation, EU consumer law and EU data protection law. It concludes that applying the current legal norms to LT creates both the risk of under-regulation and over-regulation, and discusses possible regulatory options that should be taken into account at national and EU level to achieve the right balance between innovation and protection.
2021 IEEE International Conference on Intelligence and Safety for Robotics (ISR), 2021
Robot-assisted haptic telepresence has the potential to enable timely and regular access to gener... more Robot-assisted haptic telepresence has the potential to enable timely and regular access to general practitioners and medical specialists, while eliminating infection risks. However, the legal situation in the European Union (EU) with respect to telemedicine is complex and no international standards for compliant remote examination exists. As a result, manufacturers of telemedical tools tend to provide closed proprietary solutions that cannot be tightly integrated along with solutions from other manufacturers. Up until today, this makes telemedical stations, which require a multitude of examination tools, largely impractical. In this paper, we outline the legal framework of telemedicine in the EU and discuss practical implications with respect to physical safety, data security and system usability. For that, we have implemented a telemedicine station prototype using commercially available telemedical tools. Based on our findings, we propose a novel approach to integrate diagnostics ...
Rapid progress in AI and robotics is challenging the traditional boundaries of law. Algorithms ar... more Rapid progress in AI and robotics is challenging the traditional boundaries of law. Algorithms are widely employed to make decisions that have an increasingly far-reaching impact on individuals and society, potentially leading to manipulation, biases, censorship, social discrimination, violations of privacy and property rights, and more. This has sparked a global debate on how to regulate AI and robotics. The purpose of this introductory chapter is twofold. First, it outlines some of the most urgent ethical and legal issues raised by the use of self-learning algorithms in Artificial Intelligence (AI) systems and (smart) robotics. Secondly, it provides an overview of several key initiatives at the international and European levels on forthcoming AI ethics and regulation. The overall aim of this chapter is not to find definitive answers. On the contrary, the policy debate would be better served by refraining from rash solutions. What is needed instead is a more precise inventory of the concrete ethical and legal challenges to strengthen the foundations for evidence-based governance in the future.
Información del artículo "Heininger" y las sanciones a la infracción del deber de infor... more Información del artículo "Heininger" y las sanciones a la infracción del deber de información sobre el derecho de desistimiento "ad nutum" (Sentencia TJCE de 13 de diciembre de 2001, Asunto C-481-99). ...
AARN: Visual Anthropology & Media Studies (Sub-Topic), 2018
German Abstract: Unternehmen konnen durch die Technik des „Behavioral Microtargeting“ suboptimale... more German Abstract: Unternehmen konnen durch die Technik des „Behavioral Microtargeting“ suboptimales Entscheidungsverhalten von Kunden gezielt ausnutzen oder hervorrufen, indem Offerten spezifisch auf einzelne Konsumenten zugeschnitten werden, um sie unter Ausnutzung ihrer kognitiven und voluntativen Schwachen schlechter zu stellen, als dies mit ublichen Angeboten der Fall ware. Der dadurch bedingte Verlust der Privatautonomie wirft die Frage auf, ob das Lauterkeits- und Datenschutzrecht sowie das BGB adaquate Schutzinstrumente zur Verfugung stellen. English Abstract: Companies can use the technique of "Behavioral Microtargeting" to exploit or evoke suboptimal decision-making behaviour of customers in a targeted manner. The resulting loss of private autonomy raises the question of whether fair trading law, data protection law as well as the German Civil Code provide adequate protection instruments.
The Cambridge Handbook of Lawyering in the Digital Age
Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The us... more Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The use of these tools in business-to-consumer (B2C) markets create many opportunities for consumers and the justice system in general, but also raises concerns in terms of access to justice, choice and information, quality, fairness, redress and representation. This paper deals with the question of whether the current legal framework in the EU is fit to meet the challenge LT poses in consumer markets, focusing especially on (national) legal services regulation, EU consumer law and EU data protection law. It concludes that applying the current legal norms to LT creates both the risk of under-regulation and over-regulation, and discusses possible regulatory options that should be taken into account at national and EU level to achieve the right balance between innovation and protection.
2021 IEEE International Conference on Intelligence and Safety for Robotics (ISR), 2021
Robot-assisted haptic telepresence has the potential to enable timely and regular access to gener... more Robot-assisted haptic telepresence has the potential to enable timely and regular access to general practitioners and medical specialists, while eliminating infection risks. However, the legal situation in the European Union (EU) with respect to telemedicine is complex and no international standards for compliant remote examination exists. As a result, manufacturers of telemedical tools tend to provide closed proprietary solutions that cannot be tightly integrated along with solutions from other manufacturers. Up until today, this makes telemedical stations, which require a multitude of examination tools, largely impractical. In this paper, we outline the legal framework of telemedicine in the EU and discuss practical implications with respect to physical safety, data security and system usability. For that, we have implemented a telemedicine station prototype using commercially available telemedical tools. Based on our findings, we propose a novel approach to integrate diagnostics ...
Rapid progress in AI and robotics is challenging the traditional boundaries of law. Algorithms ar... more Rapid progress in AI and robotics is challenging the traditional boundaries of law. Algorithms are widely employed to make decisions that have an increasingly far-reaching impact on individuals and society, potentially leading to manipulation, biases, censorship, social discrimination, violations of privacy and property rights, and more. This has sparked a global debate on how to regulate AI and robotics. The purpose of this introductory chapter is twofold. First, it outlines some of the most urgent ethical and legal issues raised by the use of self-learning algorithms in Artificial Intelligence (AI) systems and (smart) robotics. Secondly, it provides an overview of several key initiatives at the international and European levels on forthcoming AI ethics and regulation. The overall aim of this chapter is not to find definitive answers. On the contrary, the policy debate would be better served by refraining from rash solutions. What is needed instead is a more precise inventory of the concrete ethical and legal challenges to strengthen the foundations for evidence-based governance in the future.
Información del artículo "Heininger" y las sanciones a la infracción del deber de infor... more Información del artículo "Heininger" y las sanciones a la infracción del deber de información sobre el derecho de desistimiento "ad nutum" (Sentencia TJCE de 13 de diciembre de 2001, Asunto C-481-99). ...
Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The us... more Legal Tech (LT) products and services automate certain tasks that lawyers usually perform. The use of these tools in business-to-consumer (B2C) markets create many opportunities for consumers and the justice system in general, but also raises concerns in terms of access to justice, choice and information, quality, fairness, redress and representation. This paper deals with the question of whether the current legal framework in the EU is fit to meet the challenge LT poses in consumer markets, focusing especially on (national) legal services regulation, EU consumer law and EU data protection law. It concludes that applying the current legal norms to LT creates both the risk of under-regulation and over-regulation, and discusses possible regulatory options that should be taken into account at national and EU level to achieve the right balance between innovation and protection.
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