Limits and enablers of data sharing:an analytical framework for EU competition, data protection and consumer law

Data sharing presents many opportunities in terms of stimulating innovation and creating a level playing field between businesses, but also carries risks by potentially decreasing incentives for data collection and analysis, facilitating collusion between firms or exploiting consumers as well as undermining privacy. The paper maps the limits and enablers of data sharing in the fields of EU competition, data protection and consumer law and illustrates how an optimal regulatory framework for data sharing can maximise the benefits while minimising the risks. The paper sets out an analytical framework for data sharing by outlining how the three regimes complement each other in either limiting or enabling data sharing, and by outlining the tensions within and between these three regimes. Considering their different scope, it is of the utmost importance that the three legal instruments are applied consistently. This means, on the one hand, that any conflict should be alleviated or minimised and, on the other hand, that the instruments should be applied more as complements than as substitutes. Such an objective can only be achieved if the authorities in charge of enforcement of the different legal instruments cooperate closely with each other to ensure consistent and complementary interpretation. The paper concludes that the three horizontal instruments, if implemented effectively, already facilitate or even impose the sharing of data in many circumstances. As a result, the existing horizontal rules should be complemented with new sectoral rules only when they have proved to be insufficient given the particular characteristics of the sector

Cobalt-base ferromagnetic shape memory alloys

Single crystalline and polycrystalline CoxNiyGa100-(x+y), 41 \u3c xCo\u3c 62 and 19.3 \u3c yNi \u3c 32.7, Ferromagnetic Shape Memory Alloys have been produced in the range of the Heusler-type composition. Elasto-mechanical properties have been analyzed for the annealed and quenched states, respectively. The mechanical spectroscopy data show the occurrence of martensitic phase transformation with the transition range and characteristics depending on the state and the composition of the alloys. For XCo approximately equals 49 +/- 1 at percent, the Ni/Ga ratio was shown to be in direct relationship with the transition temperature range, from an Ms of -100 degrees C for Ni/Ga approximately equals (21/29) to a +150 degrees C for a Ni/Ga ratio of about (26/25). For Ga approximately equals 27 +/- 0.4 at percent, the Co/Ni ratio is in indirect relationship with the transition temperature, with an Ms of -125 degrees C for a (53/19) ratio to a +175 degrees C for a ratio of about (49/26). Optical and electron microscopy shows that a typical thermoelastic martensitic transformation occurs. The L21 Structurbericht parent phase transforms into monoclinic or orthohombic martensitic upon cooling. The formation of a Co-rich phase has been observed for alloys with lower Ga content and is considered to be one of the reasons for the difference in the transformation range for annealed and quenched alloys

Impact of new country, discrimination, and acculturation-related factors on depression and anxiety among ex-Soviet Jewish migrants: data from a population-based cross-national comparison study

Migration, displacement, and flight are major worldwide phenomena and typically pose challenges to mental health. Therefore, migrants’ mental health, and the factors which may predict it, have become an important research subject. The present population-based cross-national comparison study explores symptoms of depression, anxiety, and somatization, as well as quality-of-life in samples of ex-Soviet Jewish migrants settling in three new countries: Germany, Austria and Israel, as well as in a sample of non-migrant ex-Soviet Jews in their country of origin, Russia. In the current study, we investigate the relationship of perceived xenophobiа and antisemitism, acculturation attitudes, ethnic and national identity, as well as affiliation with Jewish religion and culture to the psychological well-being of these migrants. Furthermore, we consider xenophobic and antisemitic attitudes as well as the acculturation orientation of the new countries’ societies, assessed in the native control samples. Our data suggest that attitudes of the new country’s society matter for the mental health of this migrant group. We conclude that the level of distress among ex-Soviet Jewish migrants seems to depend, among other factors, on the characteristics of the new country and/or specific interactions of the migrant population with the society they are settling in.Peer Reviewe

How can we model subsurface stormflow at the catchment scale if we cannot measure it?

Subsurface stormflow (SSF) can be a dominant run‐off generation process in humid mountainous catchments (e.g., Bachmair & Weiler, 2011; Blume & van Meerveld, 2015; Chifflard, Didszun, & Zepp, 2008). Generally, SSF develops in structured soils where bedrock or a less permeable soil layer is overlaid by a more permeable soil layer and vertically percolating water is deflected, at least partially, in a lateral downslope direction due to the slope inclination. SSF can also occur when groundwater levels rise into more permeable soil layers and water flows laterally through the more permeable layers to the stream (“transmissivity feedback mechanism”; Bishop, Grip, & O'Neill, 1990). The different existing terms for SSF in the hydrological literature such as shallow subsurface run‐off, interflow, lateral flow, or soil water flow reflects the different underlying process concepts developed in various experimental studies in different environments by using different experimental approaches at different spatial and temporal scales (Weiler, McDonnell, Tromp‐van Meerveld, & Uchida, 2005). Intersite comparisons and the extraction of general rules for SSF generation and its controlling factors are still lacking, which hampers the development of appropriate approaches for modelling SSF. But appropriate prediction of SSF is essential due to its clear influence on run‐off generation at the catchment scale (e.g., Chifflard et al., 2010; Zillgens, Merz, Kirnbauer, & Tilch, 2005), on the formation of floods (e.g., Markart et al., 2013, 2015) and on the transport of nutrients or pollutants from the hillslopes into surface water bodies (Zhao, Tang, Zhao, Wang, & Tang, 2013). However, a precise simulation of SSF in models requires an accurate process understanding including, knowledge about water pathways, residence times, magnitude of water fluxes, or the spatial origin of SSF within a given catchment because such factors determine the transport of subsurface water and solutes to the stream. But due to its occurrence in the subsurface and its spatial and temporal variability, determining and quantifying the processes generating SSF is a challenging task as they cannot be observed directly. Therefore, it is logical to ask whether we can really model SSF correctly if we cannot measure it well enough on the scale of interest (Figure 1). This commentary reflects critically on whether current experimental concepts and modelling approaches are sufficient to predict the contribution of SSF to the run‐off at the catchment scale. This applies in particular to the underlying processes, controlling factors, modelling approaches, research gaps, and innovative strategies to trace SSF across different scales

Magnetic Tweed Contrast In Ferromagnetic Shape Memory Alloys

Recently, ferromagnetic martensite, specifically ferromagnetic shape memory alloys (FMSMAs), have received renewed attention because of their large domain motion induced magnetostrictive strains. In the low temperature phase of these alloys, 90◦ magnetic domain walls are simultaneously elastic twin boundaries. Above the temperature at which these alloys undergo a near second order martensitic transformation, their microstructure as observed by two-beam TEM methods, consists of the well known tweed contrast. This structure represents a random mixture of incipient twins of the martensitic phase. The transformation hysteresis of Co-Ni-Ga FMSMAs is quite small. In addition, the alloy is elastically soft similar to others that undergo a near second order martensitic transformation. Therefore, it is possible that magnetic tweed be observed in this alloy. This paper reports on its observation by conventional TEM, electron diffraction and Lorentz microscopy

Stacking of a stearoyl-ACP thioesterase with a dual-silenced palmitoyl-ACP thioesterase and Δ12 fatty acid desaturase in transgenic soybean

Soybean (Glycine max (L.) Merr) is valued for both its protein and oil, whose seed is composed of 40% and 20% of each component, respectively. Given its high percentage of polyunsaturated fatty acids, linoleic acid and linolenic acid, soybean oil oxidative stability is relatively poor. Historically food processors have employed a partial hydrogenation process to soybean oil as a means to improve both the oxidative stability and functionality in end-use applications. However, the hydrogenation process leads to the formation of trans-fats, which are associated with negative cardiovascular health. As a means to circumvent the need for the hydrogenation process, genetic approaches are being pursued to improve oil quality in oilseeds. In this regard, we report here on the introduction of the mangosteen (Garcinia mangostana) stearoyl-ACP thioesterase into soybean and the subsequent stacking with an event that is dual-silenced in palmitoyl-ACP thioesterase and Δ12 fatty acid desaturase expression in a seed-specific fashion. Phenotypic analyses on transgenic soybean expressing the mangosteen stearoyl-ACP thioesterase revealed increases in seed stearic acid levels up to 17%. The subsequent stacked with a soybean event silenced in both palmitoyl-ACP thioesterase and Δ12 fatty acid desaturase activity, resulted in a seed lipid phenotype of approximately 11%–19% stearate and approximately 70% oleate. The oil profile created by the stack was maintained for four generations under greenhouse conditions and a fifth generation under a field environment. However, in generation six and seven under field conditions, the oleate levels decreased to 30%–40%, while the stearic level remained elevated

Business-to-Business data sharing:an economic and legal analysis

The European Commission announced in its Data Strategy (2020) its intentions to propose an enabling legislative framework for the governance of common European data spaces, to review and operationalise data portability, to prioritise standardisation activities and foster data interoperability and to clarify usage rights for co-generated IoT data. This Strategy starts from the premise that there is not enough data sharing and that much data remain locked up and are not available for innovative re-use. The Commission will also consider the adoption of a New Competition Tool as well as the adoption of ex ante regulation for large online gatekeeping platforms as part of the announced Digital Services Act Package . In this context, the goal of this report is to examine the obstacles to Business-to-Business (B2B) data sharing: what keeps businesses from sharing or trading more of their data with other businesses and what can be done about it? For this purpose, this report uses the well-known tools of legal and economic thinking about market failures. It starts from the economic characteristics of data and explores to what extent private B2B data markets result in a socially optimal degree of data sharing, or whether there are market failures in data markets that might justify public policy intervention. It examines the conditions under which monopolistic data market failures may occur. It contrasts these welfare losses with the welfare gains from economies of scope in data aggregation in large pools. It also discusses other potential sources of B2B data market failures due to negative externalities, risks and transaction costs and asymmetric information situations. In a next step, the paper explores solutions to overcome these market failures. Private third-party data intermediaries may be in a position to overcome market failures due to high transactions costs and risks. They can aggregate data in large pools to harvest the benefits of economies of scale and scope in data. Where third-party intervention fails, regulators can step in, with ex-post competition instruments and with ex-ante regulation. The latter includes data portability rights for personal data and mandatory data access rights