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MARVIN WP1 Achievements in Task 1.4

MARVIN WP1 Achievements in Task 1.4. Emily M. Weitzenböck Norwegian Research Centre for Computers & Law University of Oslo Project Review, Lisbon, 12th October 1999. Objectives of Task 1.4.

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MARVIN WP1 Achievements in Task 1.4

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  1. MARVIN WP1Achievements in Task 1.4 Emily M. Weitzenböck Norwegian Research Centre for Computers & Law University of Oslo Project Review, Lisbon, 12th October 1999

  2. Objectives of Task 1.4 • “To establish a legal framework, in the interest of both users and the partners who will supply services to them, for operating a virtual maritime organisation” (Project description) • Input for this task obtained from the on-going tasks in WP1 (Tasks 1.1, 1.2 and 1.3) • Results of this task affect the basis of the project, in particular the design and operation of the Maritime Enterprise Integration Tool (MEIT)

  3. Deliverables for Task 1.4 • T1.4D1 • Preliminary legal framework for the maritime virtual organisation • Month 6  June 1999 • T1.4D2 • Final legal framework for the maritime virtual organisation • Month 24  November 2000

  4. Project Achievements in Task 1.4 - Deliverable T1.4D1 • FOCUS: Emergency Repair Scenario • APPROACH: Examination of the relationship between: • the users and the MEIT: confidentiality and other security concerns • the tool developers and the users - MEIT as a product: contractual concerns • the users between themselves: special maritime contracts

  5. (1) The users and the MEIT • Instances where confidential information may need to be transmitted via the MEIT: • Casualty: need for commercially-sensitive information (e.g. steel drawings and ship designs) for repair of ship • Registration of a new organisation or company with the MARVIN system for the first time to offer services or to use services • Restrictions on disclosure of ship information to third parties through a confidentiality clause ... • … requiring the holder of the information to obtain prior consent in writing from the owner of the information

  6. (1) The users and the MEIT (cont.) • “writing” => “in writing & on paper format” ? If so, problem for the transmission of consent electronically • Clause: where any action is required by any users of the MARVIN system to be carried out in writing or by using a paper document, that requirement is met if the action is carried out by using one or more data messages

  7. (1) The users and the MEIT (cont.) • Security Concerns: • May be addressed by using encryption (message authenticity & data integrity) & digital signature technology (message origin) • Problems: • Is encryption legal? • Encryption considered a “dual use item” in Wassenaar Arrangement & EU Regulations • Focus on legal position in MARVIN partners’ countries • No controls on domestic use or imports in Germany, Greece, Norway or Portugal BUT authorisation required for export • Are there legal restraints on use of digital signatures or certification authorities?

  8. (2) The tool developers and the Users • Novelty of MARVIN - the MEIT may be accessed by the “on-line public at large” • Need for certain fundamental terms and conditions to be agreed to by every user of the MEIT upon registering in the system through an ... • … On-line contract (the MARVIN User Agreement) with typical clauses found in international agreements: • Intellectual property clause • Choice of law clause • Choice of forum or arbitration clause • Limitation of liability clause: to what extent is this legally valid? • References to The Principles of European Contract Law (1998 rev.) & UNIDROIT Principles of Int. Comm. Contracts, 1994

  9. (3) The Users between themselves • Much of the contracting and sub-contracting in the maritime world is carried out through standard form of agreements • Possible additional feature of the MEIT to allow parties to select the particular contract to be used for certain maritime operations (e.g. salvage, towage) • Ease of adoption of the standard agreement - by reference

  10. Next Step: T1.4D2 (due November 2000) • Inclusion of the second business case - the Planned Maintenance Scenario • More detailed legal analysis will be possible as the architecture of the virtual organisation is further developed • Further elaboration and finalisation of the framework agreement - the MARVIN User Agreement - • using feedback from the prototype specification and implementation (T3.1 and T3.2) • using feedback from the validation (T4.1, T4.2 and T4.3)

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