| ID | 1.5.0 |
| Title | General Legal requirement-completeness and comprehensiveness of regulatory requirement is impossible. |
| Expert | Serge Gutwirth (VUB) Christoph Schnabel (UOK) Fabienne Brison (VUB) Anna Moscibroda (VUB) |
| Priority | mandatory |
| Description | Legal requirements are difficult to concretise on a European level, since the EC does not enact laws, but directives. Directives are used to harmonise law in the Member States, but they only set a minimum standard that the Member States must not fall short of. They leave room for interpretation for the Member State when transforming the directive into national law, and thus legal situation may vary in different Member States. The regulatory requirements will be oriented at basic principles derived from the respective EU directives. The legal provisions are difficult to concise in a limited number of the requirements. There are number of other requirements that could not be listed here. It is important to understand that the basic principles presented herein can only be seen as guidelines, and requirement presented are not complete and comprehensive. There is no way to guarantee that following those requirement/guidelines will make the product (here: Mobile Service Platform) compatible with every national law in every Member State, or that it will be in conformity with every legal provision. This should always be kept in mind when regarding the following legal requirements. |
| Rationale | Relevant to assess the lawfulness of operation of SPICE |
| Type | non-functional |
| Depends on | |
| Child dependencies | 1.5.1 - Legal requirements Privacy - Permission to process private data by law or by declaring consent 1.5.2 - Legal requirements Privacy - Sensitive data 1.5.3 - Legal requirements Privacy - Key Principles of Data Processing 1.5.4 - Legal requirements Privacy - Rights of the Data Subject and Obligantions to the Data Controller 1.5.5 - Legal requirements Privacy - Transferring data to third countries 1.5.6 - The right holder's authorisation in case of use of copyrighted content 1.5.7 - Respect for exceptions to the exclusive copyrights as provided under national laws. 1.5.8 - Extraction or reutilisation of substantial parts of the content of the database requires the authorisation of the right-holder. 1.5.9 - Usage of the trade mark (or corporate name) in the course of trade (e.g. advertising) might require conformity check with the EU and national trade mark laws. 1.5.10 - Conditions for the lawfulness of commercial communication. |
| Environment | |
| Other_info | Refers to requirements 1.5.1 - 1.5.10 |
| Category | regulatory |
| Subcategory | General |
| Subcategory2 | |
| Scenario_scene | |
| SPICE_value | |
| Demo | |
| Keywords | regulatory requirement;basic requirement |
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