PENGAWASAN BPSK TERHADAP PERJANJIAN BAKU

The weak position held by consumers in the market for goods and services is stipulated in the detri- mental standard clauses in Law No. 8 of 1999 on Consumer Protection, which is, among others,thestandard clause stating the transfer of liability of business people (exoneration clause). Article 49 paragraph (1) determines the establishment of Consumer Dispute Settlement Board (CDSB).Article 52 of the Consumer Protection Law defines the duties of CDSB: providing consumer protection consultation,and supervising the inclusion of standard clauses. In practice, there are still many problems faced by consumers in asserting their rights regarding losses caused by the inclusion of standard clauses. The objective of this study isthe CDSB’s role in supervising the inclusion of standard clauses in Palembang. This study usesempirical juridical method withlegislativeapproach and case- study approach. The results of the study show that the purpose of setting up the CDSBisto protect consumers and business people by creating a consumer protection system containingthe elements of legal certainty and information transparency. The CDSBis passive and canonly take action if there is a consumer complaint or claim, and does not feel authorized to take action against the inclusion of prohibited standard clauses. In case of dispute, the CDSB canmerely ask business people to remove the prohibited clauses. The CDSB does not actively supervise standard clauses because the authority and procedures for the exercise ofauthority to supervise standard clausesare not further elaborated in the explanation or the implementation regulations.Keywords: Consumer Dispute Settlement Board (CDSB), standard clauses, consumer

Possible Smart City Solutions in the Fight against Black Economy

According to international statistics, Hungary has a high ratio of black economy. On December 31th of 2017, the number of registered corporations reached 1.7 million, of which 395 910 were registered in Budapest [1]. There is a clear need for such measures and developments that are aimed to track corporations at the e-government level, and such infocommunicational equipment and services that essentially promote the arrangement of data. Black employment is one of the most easily identified territories of the hidden economy. Employers must register the working hours, and they are also responsible for the factual, real and entire content of the registry. A number of entry systems are available which – besides ensuring electronic protection – are also suitable for registering the working hours. These systems, however, have both advantages and disadvantages, and different types of abuses have become widespread. The purpose of the study is to provide an overview of these systems based on their ability to reduce black employment and the limitations of their applicability from the point of data protection, with particular attention to the introduction of the General Data Protection Regulation of the European Union from 25 May 2018 in all member states. Employers manage data through their legitimate interest on web and telephone usage, control of emails, or even GPS-based location information. Likewise, legitimate interest is also the basis of the introduction of workplace monitoring systems. To reduce the size of the black economy, the use of an electronic system would be the most suitable tool – which would transfer the information extracted from the system to an immediate tax authority – based on the patterns of online cash registers or online billing programs. This, on the one hand, could provide the basis for the necessary identification and work documentation, but on the other hand, it raises the risk of excessive data handling, which is illegal

The sharing of rights and information in a capability-based protection system

The question of sharing of rights and information in the Take-Grant Protection Model is examined by concentrating on the similarities between the two; in order to do this, new theorems are stated and proven for each that specifically show the similarities. The proof for one of the original theorems is also provided. These statements of necessary and sufficient conditions are contrasted to illustrate the proposition that transferring rights and transferring information are fundamentally the same, as one would expect in a capability-based system. Directions are then discussed for future research in light of these results

Consumer protection in the Kenyan financial sector: A case for a Twin Peaks model of financial regulation

Magister Legum - LLMThe dynamic character of the financial services industry necessitates frequent appraisal of the regulation of the sector. The main objectives for regulation of the financial sector include financial stability, promotion of competition and protection of the consumers. In ensuring consumer protection, there is need to balance this with all the other objectives to ensure optimal protection in the entire financial sector. This can be difficult as it is mostly dependent on the regulatory framework in the financial sector for the basic reason that most of the failures are associated with regulation. Key to the challenges is that consumer protection is served by measures that ensure proper conduct on the part of the service providers. Interests of the providers of the financial services may thus not be sufficiently aligned with those of the consumers of the products. There are three common models of financial regulation. They are the sectoral model, unified or integrated model and the Twin Peaks model. The financial sector in Kenya follows a sectoral model. It is a hodgepodge of institutional and functional regulation. There are five (5) government agencies that regulate specific segments of the financial sector with each of the regulators being established to operate independently within the permits of an Act of Parliament. This is without mentioning the many other segments that have no specific regulators

Access to Electronic Data for Criminal Investigations Purposes in the EU. CEPS Paper in liberty and security in Europe No. 2020-01, February 2020

Within the EU and across the Atlantic, investigation and prosecution of crime increasingly relies on the possibility to access, collect and transfer electronic information and personal data held by private companies across borders. Cross-border access to and collection of data for the purpose of fighting crime raise several legal and jurisdictional issues. This paper comparatively examines the constitutional, legal and administrative frameworks on access to and use of digital information in cross-border criminal justice cooperation in a selection of EU member states. It presents key challenges in the application of the EU mutual recognition and mutual legal assistance instruments, as well as the existence of 'promising practices' across the EU and in transatlantic relations. The paper also assesses a set of legal and practical questions raised by the ongoing policy and normative debate on the so-called “E-Evidence” Package. Finally, it sets out a number of policy options and practical ways forward for EU and national policy makers to promote judicial cooperation for cross-border access to and collection of electronic data in line with EU and international rule law and fundamental rights standards