Director Prof. Zhang Tong and Dr. Jiang Feng'an, from the Institute of European Law of the College, were invited to attend the 16th Annual Conference of the European Law Institute of the Chinese Association for European Studies & Symposium on the Transformation of European Law under Great Changes at the Tongji University in Shanghai on 2-3 June, 2023.
The conference was hosted by the European Law Institute of the Chinese Association for European Studies, organised by the Law School of Tongji University and the Shanghai European Law Society, and co-organised by the Sino-German International Economic Law Institute of Tongji University and the Editorial Office of Chinese Journal of European Law.
On behalf of the European Law Institute of the Association, Zhang Tong presented remarks at the opening ceremony.
She then delivered a report on the EU Legal Regulation of Digital Content Product Trade at the conference. First, she pointed out that the legislative aim of EU digital content product trading regulation is to provide trading rules for the EU to build a single digital market and to provide uniform rules for EU consumer protection. Second, she introduced the scope of application and regulatory focus of the EU Directive on Digital Content and Services Contracts, including the contractual eligibility criteria, the burden of proof on the operator, and the hierarchical remedies for consumer rights. Third, she pointed out that the regulation of 'goods with digital elements' in the EU Directive on Contracts for the Sale of Goods involves the adjustment of the scope and the regulation of the content of contracts with 'goods with digital elements'. Last, she explored the legislative innovation, problems and enlightenment of EU digital content and service contract.
Jiang Feng'an gave a report on the Draft of the Adequacy Decision for the EU-US Data Privacy Framework: The Latest Development of Transatlantic Data Flow and China's Response Plan. From the perspective of the operation system of EU law, he analysed the essence of the legal issues solved by the Adequacy Decision and, on this basis, the outlook of the latest progress of trans-Atlantic data flow. In addition, from a global perspective, he discussed the possible impact of the Adequacy Decision on our country after its adoption, and suggested that China could respond by speeding up the establishment of an orderly cross-border flow of data security compliance mechanism at a multilateral, regional and domestic law level.
