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|Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A Digital Single Market Strategy for Europe +||''"The lack of open and interoperable systems and services and of data portability between services represents another barrier for the cross-border flow of data and the development of new services (...)"'' (p. 14). +|
|Digital Consumers and The Law. Towards a Cohesive European Framework +||It is doubtful that abstract considerations could be taken into account when determining product conformity. One exception could be mandatory rules established by – for example – data protection or copyright law: if we have mandatory rules, and the product doesn't respect them (e.g. it processes personal data without prior consent of the consumer, or it doesn't allow to make a back-up copy if the product is a software), this constitutes a lack of conformity. But we have also to remember that, even if there are non-mandatory rules or no rules at all, we can anyway have a lack of conformity when consumer's legitimate expectations are not satisfied. +, Statements given by the product provider are of great importance in determining the legitimate expectations of consumers. And this is partly a problem, because in this way the conformity test may be manipulated by the product provider: his statements become a ''“self-fulfilling prophecy”'' (HELBERGER p. 89). It is true that the existing legislative framework may be a partial correction, and the ordinary features of similar products also, but we have to remember – for what concerns these ordinary features – that ''“given the fact that there is no standard (yet) to indicate what constitutes “normal use” or “ordinary use of the digital content, this criterion is often of little use”'' (HELBERGER p. 89). +, ''Privacy as currency'' (HELBERGER p. 162). The processing of personal data is today not only a method to facilitate the core business model, but it is becoming the core of the business model. This collection may be done explicitly through registration forms, tacitly through sharing personal information on social network, or secretly via cookies. Cookie: it is placed on an Internet user's computer and enables that computer to be recognized during subsequent visits; they may be functional when cookies when used for a service explicitly requested by an Internet user; they are tracking cookies when used to minutely register the Internet behavior of Internet users (HELBERGER, p. 160). +, …|
|How Smart, Connected Products Are Transforming Competition +||What data must be collected? To answer this question, we must find an answer to a series of other questions: ''"How does each type of data create tangible value for functionality? For efficiency in the value chain? Will the data help the company understand and improve how the broader product system is performing over time? How often does the data need to be collected to optimize its usefulness, and how long should it be retained?"''. +, Who owns the data? ''"As a company chooses which data to gather and analyze, it must determine how to secure rights to the data and manage data access. The key is who actually owns the data. The manufacturer may own the product, but product usage data potentially belongs to the customer. (...) There is a range of options for establishing data rights for smart, connected products. Companies may pursue outright ownership of product data, or seek joint ownership. There are also various levels of usage rights, including NDAs (non-disclosure agreements, ed.'s note), the right to share the data, or the right to sell it. Firms must determine their approach to transparency in data collection and use. Rights to data can be laid out in an explicit agreement or buried in small print or hard-to-understand boilerplate documents. Although we are seeing the early stages of a movement toward more transparency in data gathering across industries, data disclosure and ownership standards often have yet to be established. Another option for handling data rights and access includes the establishment of a data-sharing framework with component suppliers for providing information about the component’s condition and performance but not about its location. Limiting suppliers’ access to data, however, could reduce potential benefits if the supplier lacks a full understanding of how products are being used, slowing innovation. Customers and users want a say in these choices. Some customers today are much more willing than others to share data on their product use.'' +, ''But not every customer wants to share this data. Likewise, cautious drivers may be willing to share data on their driving habits with insurance or rental car companies as a way to lower premiums or fees, but others may resist. Firms will need to provide a clear value proposition to customers to encourage them to share usage or other data. As consumers become more aware of the value that data generates across the value chain, they will become more active and demanding participants in decisions about what data is collected, how it is used, and who benefits. Today it’s common to see “click through” agreements giving broad consent to collect product data the first time a smart, connected product is used. This consent allows companies to indiscriminately collect product data and use it with few constraints. In time we expect that more-stringent contractual frameworks and mechanisms governing those rights will emerge to define and protect intellectual property associated with smart, connected product data. It behooves companies to get ahead of this trend, especially on the product data they truly need to collect in order to drive value.'' +|
|Internet of Things. Applicazioni, sicurezza e riservatezza dei dati personali +||''"Of course, there is always the “dumb” option. Users may have the ability to disable data collection, but it comes at a cost. The device will not function properly or allow the use of its high-tech features. This leaves consumers with an unacceptable choice between keeping up with technology and retaining their personal privacy."'' +|
|IoT Design Manifesto 1.0. Guidelines for Responsible Design in a Connected World +||We empower users to be the masters of their own domain. Users often do not have control over their role within the network of stakeholders surrounding an IoT product. We believe that users should be empowered to set the boundaries of how their data is accessed and how they are engaged with via the product. +|
|LCE: All watched over by machines of loving grace +||''"Restrictions on functionality are often added when marketing gets involved in the product-design cycle. At this point, product features that get in the way of business goals are eliminated. Here, Karsten mentioned a couple of examples. All digital cameras produce raw image output. However, after converting that format to JPEG, low-end cameras then discard the raw data. Photographers who want the option of keeping the raw data must instead purchase a more expensive "professional" camera that doesn't discard the raw data. In the telecoms world, mobile phone operators often try to block VOIP over their data services, in an effort to force their customers to make and to pay for calls over the operator's own service."'' <u>However, at least for what concerns the example of the digital cameras, we must question if a trade-off can be found in this limitation: cameras have limited features, but in exchange manufacturers to keep lower prices, and therefore there is a greater accessibility to digital cameras for those consumers that don't want or can spend more money. This argument could be brought also with reference to other products.</u> +|
|User Data Manifesto 2.0 +||''"'''Freedom to choose a platform'''. Users should always be able to extract their data from the service at any time without experiencing any vendor lock-in. Open standards for formats and protocols are necessary to guarantee this."'' +|