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ANDREEA ȘERBAN, Lex informatica and the protection of personal data

 Abstract: The use of the Internet for commerce has become increasingly relevant both for the European and international legislators and for the parties involved. The trade operators face new regulations regarding the protection of personal data and Lex Mercatoria, a particular set of a-national rules in international trade law, also applies in legal relations made through the Internet using a form specific to information infrastructures, namely Lex Informatica. This concept refers both to the product of a decentralized private legislative process, resulting from the transition of trade from the territorial application to the virtual environment and the international trade practices of the participants, as well as the code used when programming the online platformes, created by technical experts and computer scientists. In the present study we shall follow the way in which the new data protection legislation applies on the Internet and to what extend the specific rules of international trade law are linked to these.  

Key-words: Lex Informatica; Lex Mercatoria; personal data protection; GDPR.


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