فهرست مطالب farideh shabani jahromi

The need to protect users' personal data in cyberspace is inevitable nowadays, thus governments and regional and international mechanisms such as the European Union have also taken legislative actions in this regard. On the other hand, the interpretation of the framework of laws adopted within the European Union is that the implementation of these laws is also limited to the territory of the constituent states of this regional body, while the provisions of the latest European Data Protection Document (GDPR: 2016) shows that it has extraterritorial character and can be applied outside the borders of the union. Therefore, this study uses a descriptive analytical method to examine the text of this document and its previous version (DPD: 1995), and the most important cases before the European Union Court of Justice regarding the transfer of European users’ personal data to the United States of America to clarify the possibility of cross-border application of this document in non-EU countries. Finally, the findings of the present study indicate that due to the significant political and economic power of the Union, the large number of European users in the Internet space, interpretations and opinions provided by the European Court, history of data transfer mechanisms between Europe and the United States, as well as the administrative mandates provided in this document, it can be said that in practice this regulation has extraterritorial character and is applied outside the union.

Personal data is a piece of information about the privacy of individuals and is protected by lawmakers as a right to privacy. On the other hand, protecting users against the actions of data processing companies and the risks that may threaten the integrity and confidentiality of their personal data, requires familiarity with the characteristics of this particular type of data. The present study, using descriptive analytical method, tries to examine the text of the EU General Data Protection Regulation document as well as Iranian legal documents such as the Electronic Commerce Law of the Islamic Republic of Iran, Iranian electronic crime law and the draft bill on personal data protection, to explain the distinguishing features of personal data from other types of data in cyberspace. Finally, the findings of the present study indicate that personal data are necessarily related to the natural person and the common point which is observed in all types and instances of personal data, is the identifiability of data, thus if the identity of the data subject (and not other persons) can be accessed, either directly or indirectly, using conventional and logical data processing tools and devices, the data will be considered personal.

Investors under concession regimes and some main upstream petroleum contracts including production sharing agreements, are entitled to produce hydrocarbons from fields which are subject of petroleum operation. With regard to the high amount of investment required for exploration and development of petroleum fields, investors consisting of more than one person, who carry out operations which result in contract between group of companies and the host country and also joint operating agreements among the members of investors which increase the operational complexity and legal issues. Regarding shares of each member and entitlement to produced hydrocarbon, the required provisions and petroleum management contracts shall be agreed upon to allocate and balance the produced petroleum. Although Iran Petroleum Contracts do not transfer the title of hydrocarbon to investor, NIOC may at its discretion, recover costs and pay fee in kind and under particular arrangement which require agreeing upon allocation and balancing mechanism.

Classification societies are important and impressive entities in maritime industry which play significant roles in safety of maritime activities including carriage of goods and passengers. In spite of their roles and functions in maritime sphere, the analysis of their liabilities limits has been overlooked. Due to the surge of commercial relationships complexity and recurrence of accidents, more attention to the role and function of classification societies is being paid by injured parties.  Therefore, the injured parties have brought an action against them in order to recover the incurred loss and damage.  With regard to the importance of the classification societies and their various functions in different cases, various judicial systems have decided about the liability of these entities differently which causes the complexity of the liability regime governing them.

Conclusion of long term contracts needs to be flexible against subsequent events.because of the longevity of the Investment contracts, parties in such contracts needs to adjust their relationship during the execution of the contract. Renegotiation – if being stipulated – can provide such adjustment to new conditions. One of the issues of the renegotiation is its form and process. Basically such terms include the events which if happened the process of renegotiation will begin. According to such terms parties commit to renegotiate with good will in accordance with declared terms. But renegotiation terms will not force the parties to reach the agreement. Therefor intervention of the third party can be anticipated if the renegotiation failed, which can amplify the flexibility of the contract.