CBLCyberbanking & Law

Institut für Rechtsinformatik

Facultad Libre de Derecho de Monterrey

Latest Entries
English language

Papers

  • A Comparative Study of IT Security Criteria
    The present guide compares a number of established set of criteria in the subject area of IT security against a number of selected parameters. The aim here is to help a potential user to decide which of these sets of criteria would be helpful in a particular case. The document is also intended to assist in the interpretation of references and statements on security which are based on those sets of criteria.
    (Initiative D21 - Team 5, December 2001 - via Initiative D 21)


  • A secure, economic infrastructure for signing of web based documents and financial affairs
    This article presents a security infrastructure designed for economic, ergonomic and secure signing of web based documents in financial affairs.
    (Fritsch, January 2002 - via CBL-Journal)


  • Cyberbanking and Privacy: The Contracts Model
    A first claim of the paper is that the use of customer information by banks can and should be conceptualized under contract principles. A second claim is that the law-and-economics approach to contracts supports having important rights in the information held by the consumer rather than by the bank.
    (Swire, March 1997 - via Ohio State University College of Law)


  • Cyberpayments - Credit Cards Are Here to Stay
    This paper describes the fundamental characteristics of existing and new payment schemes, reviews existing legislation and gives a perspective on coming developments. It is based on the presumption that, with only a few exceptions, existing payment schemes are technically and legally ready for payments over the Internet and that consequently there is no pressing need for new payment systems.
    (Behling, January 2001 - via JurPC)


  • E-commerce.co.uk - Local Rules In A Global Net
    This paper addresses the legal issues raised by online contracting from the English contract law perspective. In particular, legal requirements as to form (by deed, in writing) and to the formation of a contract are discussed. As for the latter issue, particular emphasis is placed on the distinction between offers and invitations to treat and on the applicability of the postal rule. Finally, the paper addresses the questions which court has jurisdiction to hear cross-border contractual disputes and which law is applicable to contractual obligations (choice of law).
    (Werner, March 2001 - via International Journal of Communications Law and Policy)


  • E-payments in Europe - the Eurosystem's perspective
    The paper covers inter alia policy considerations related to the possible role and involvement of the Eurosystem in the field of e-payments under its mandate to promote the smooth operation of payment systems.
    (ECB, September 2002, via European Central Bank)


  • Electronic commerce - UK proposals
    This paper considers the proposals put forward by the DTI in the light of the propositions adopted by the EU and the USA, and considers what form the eventual Bill could take. (Burden via BLG)

  • Electronic Contracts under China’s Legal Framework
    In the past decade the development of e-commerce has been so rapid that online transactions and EDI abound. Electronic contracts meeting the demands put forward by these developments involve manifold legal issues. China is gradually making progress in its legislation process concerning electronic contracts.
    (Stucken, Wei, March 2001 - via LEGAmedia)


  • European Private International Law and Cyberbanking Agreements
    Paper presented by the Chairman of the Cyberbanking Commission of the ECOMDER Congress of the Law School of Buenos Aires, focusing on PIL problems in regards to contracts concluded in the field of eBanking
    (Graham, 2000, via Net-org)


  • Finality of Credit Card Payments and Consumer Confidence – Different Approaches in the United States and in Europe
    The lack of consumer confidence in the electronic marketplace is generally viewed as one of the main reasons why business to consumer electronic commerce in Europe is far from meeting expectations. Although many e-tailers are currently struggling in the U.S. as well, online merchants in the B2C sector apparently do significantly better than their European peers. One reason for these differences seems to be that consumers in the U.S. are much more comfortable with using their credit card in online transactions. The higher level of consumer confidence in the U.S. may in part be due to differences in existing credit card regulation.
    (Pichler, February 2001 - via Electronic Payment Systems Observatory-Newsletter)


  • Financial Services in an Electronic Age: Some Emerging Legal Issues
    The objective of the authors is to highlight some of the issues facing financial institutions and financial institution regulators in connection with the provision of financial services through the Internet and the establishment of e-money plans.
    (Gahtan, Graham, June 1997 - via The Legal Portal™)


  • Financial Services Should Meet Privacy Standards
    EU consumers are allowed to bring lawsuits concerning consumer electronic transactions in their local courts. This means that financial service companies are potentially at risk of suit in EU countries if they fail to meet the "adequacy" requirements of the Privacy Directive.
    (Kearney, Eastgate, November 2000 - via LEGAmedia)


  • German case-law related to cyberlaw (1999-2000)
    Summaries of case-law, including intellectual property,contracts, and torts.
    (Graham, December 2000, via CBL)


  • Innovation and Regulation - The Case of E-Money Regulation in the EU
    The paper discusses the “Electronic Money Institute ( EMI ) – Directive” that has to be implemented into national law by April 2002. First, it outlines the factors influencing the spread of innovative new solutions. Second, an analysis of the special features of payments is given. The paper also raises the question what the new character of e-money is and what regulations exist. Finally the state of implementation in the member states is presented and possible modifications of the Directive are discussed.
    (Centeno, November 2001 - via ePSO)


  • Innovation and Regulation - The Case of e-Money Regulation in the EU.
    This paper attempts to analyse the possible effects of e-money regulation on innovations in electronic payments. Special attention is given to e-money regulation in the EU. The analysis highlights the special features of payments, stressing network effects and complementarities with other services.
    (Krueger, January 2002 - via Electronic Payment Systems Observatory)


  • Insider Trading Prohibitions and Ad hoc Disclosure Pursuant to the German Securities Trading Act
    Explanations and recommendations for the treatment of price-sensitive information pursuant to Sections 12 et seq. of the Securities Trading Act
    (Federal Securities Supervisory Office, September 1998 - via Deutsche Gesellschaft für Ad-hoc-Publizität mbH)


  • Integration of Electronic Payment Systems into B2C Internet Commerce - Problems and Perspectives
    The focus of this paper is on the integration of payment systems into B2C Internet commerce.
    (Böhle, April 2002 - via Electronic Payment Systems Observatory)


  • Issues arising from the emergence of electronic money
    The paper reviews the development of electronic money and its implications for monetary policy, the oversight of payment systems and the prudential supervision of financial intermediaries. Particular reference is made to the recently adopted European Parliament and Council Directives relating to electronic money.
    (Monthly Bulletin November 2000 - via European Central Bank)


  • Law & Technology Convergence: Electronic Payment Systems
    This Report forms part of an ongoing research program, which examines the legal issues raised by electronic payment systems and reviews some of the major systems currently available and outlines some of the legal issues involved in their use.
    (Sutter, December 1999 - via Electronic Commerce Legal Issues Platform)


  • Management and supervision of cross-border electronic banking activities
    The purpose of this paper prepared by the Electronic Banking Group (EBG) of the Basel Committee on Banking Supervision is to express supervisory expectations and guidance as to banks carrying out cross-border electronic banking activities, as well as to their home and host supervisors. This paper has two main areas of focus. The first is to identify banks’ risk management responsibilities with respect to cross-border e-banking. The second objective is to focus attention on the need for effective home country supervision of cross-border e-banking activities as well as continued international cooperation between banking supervisors regarding such activities.
    (Basel Committee on Banking Supervision, July 2003, via Bank for International Settlements)


  • Net Contract Fights Should Avoid Courts
    E-commerce success depends not only on government policies such as jurisdiction and taxation, but even more critically on an underlying issue – will courts enforce electronic contracts consummated on-line, typically by consumers clicking an \'I agree\' icon on a web page? On that question, courts appear split.
    (Geist, January 2003 - via LEGAmedia)


  • OECD Guidelines for the Security of Information Systems and Networks
    These Guidelines respond to an ever changing security environment by promoting the development of a culture of security – that is, a focus on security in the development of information systems and networks and the adoption of new ways of thinking and behaving when using and interacting within information systems and networks.
    (July 2002 - via OECD)


  • Regulating Competition between Stock Exchanges
    The paper includes: sections 2 - 6 provide an overview over the nature of competition between stock exchanges and their current regulation in the US and Europe. Section 7 presents a model that analyzes the effect of in-house trading systems like XetraBest on the equilibrium market spread and ar-gues that inhouse systems may reduce competition between market makers and increase trading costs. Section 8 summarizes and concludes.
    (Schwarz-Schilling, Wahrenburg, December 2002, via E-Finance Lab)


  • Risk management principles for electronic banking
    The Basel Committee on Banking Supervision has identified fourteen Risk Management Principles for Electronic Banking to help banking institutions expand their existing risk oversight policies and processes to cover their e-banking activities.
    (Basel Committee on Banking Supervision, July 2003, via Bank for International Settlements)


  • The Italian Smallxchange case
    An analyze of the Italian CONSOB's decision to suspend all trade activities of Smallxchange, an overseas headed company running a virtual stock exchange.
    (Graham, May 2000, via CBL)


  • The Move toward Standardization
    These last few months the move toward the standardization of electronic purses has gained considerable momentum. Card issuers and newspapers present this move as crucial for crossborder transactions, and especially urgent for the Euro-zone. Starting from the network externalities theory, the author argues that interoperability is more important for electronic commerce over the Internet than for real-world cross-border transactions.
    (Van Hove, 1999, via first monday)


  • The Shocking Truth about Digital Signatures and Internet Commerce
    A critical paper on digital signatures and why they may not be considered legally speaking as signatures at all.
    (Winn, March 2001)


  • Unjust enrichment issues in triangular situations of defective cashless payments - the German approach in a comparative perspective
    The author's aim is to explain the German approach to three party cases which are located at the intersection of banking law and of the law of unjust enrichment.
    (Martinek, April 2002 - via Saarbrücker Bibliothek)


  • Why Hasn't Electronic Bill Presentment and Payment Taken Off?
    The delivery and payment of bills over the Internet could offer many advantages—low processing costs and enhanced marketing opportunities for billers, savings in time and postage for customers. Nevertheless, electronic billing has not found favor with potential users. A lack of coordination among billers and customers, combined with the high fixed costs of the new technology, may help account for the cool reception.
    (Stefanadis, August 2002 - via Federal Reserve Bank of New York)


Reports

Speeches

Studies

  • Evaluating internal credit rating systems depending on bank size
    The study give answers to three research questions: First, is it better for banks to use their own data for credit scoring or to pool data across institutions? Second, are we able to identify low-quality internal credit rating systems based on quantitative statistics? Third, is it better for banks to use default probability estimates of statistical default models or those based on historical rating class default rates? Results of the study are that pooling of data across institutions is generally better than relying on one’s own data.
    (Frerichs, Wahrenburg, April 2003, via E-Finance Lab)


  • New technology and respect for privacy at the workplace
    The use of new information and communication technologies (ICT) at the workplace has spread rapidly in recent years. This raises numerous issues for employers, employees and their representatives, especially in terms of the relationship between workers\' privacy and employers\' need to control and monitor the use of ICT. The matter is especially topical in Europe at present, with the European Commission due to propose a Directive on workplace data protection in 2004 or 2005. This comparative study focuses on one specific issue raised by the growth of ICT at work - the relationship between internet/e-mail use at work and respect for workers\' privacy. It examines: the European and national legal framework on privacy at work, data protection, and workplace internet/mail use; guidelines and codes of conduct in this area; the views and activities of the social partners; and the extent to which collective bargaining deals with such topics.
    (August 2003 - via European Foundation for the Improvement of Living and Working Conditions)


  • The legal and market aspects of electronic signatures
    (Interdisciplinary centre for Law & Information Technology, October 2003 - via European Commission - DG Information Society)

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