bet365 live casino games is a non-rival commodity，Can be consumed over and over again，There is no risk of quality degradation or supply depletion。To promote digital transformation in Europe in 2030，Building a single bet365 live casino games marketplace，European Commission follows the bet365 live casino games Governance Bill，The draft "bet365 live casino games Act" (hereinafter referred to as the "bet365 live casino games Act") was announced on February 23, 2022，Laws designed to address underutilization of bet365 live casino games、Economy、Technical issues，Ensuring wider stakeholders control over their bet365 live casino games，Maximizing the value of bet365 live casino games in a market economy。This bill makes up for the bias of the bet365 live casino games Governance Act，Based on the European Union’s General bet365 live casino games Protection Regulation (hereinafter referred to as the “GDPR Regulation”)，Broader rules available for all bet365 live casino games。

　　Clearly defined public sector rights and constraints

Over the years，The EU’s public sector holds vast amounts of undisclosed bet365 live casino games，Not effectively utilized by private entities。At the same time，The EU believes that the public sector also needs to use bet365 live casino games held by private entities，To improve its management level and efficiency。The new “bet365 live casino games Act” clearly stipulates，In relation to the rights of the bet365 live casino games subject regarding use by the public authorities，In case of special or unexpected public events，Such as public health incident、Emergencies caused by environmental degradation and major natural disasters，And major man-made disasters，Such as major network security incidents，At the request of the public sector at this time，The bet365 live casino games holder is obliged to provide the public authorities with the bet365 live casino games they request。

 In terms of constraints on the use of bet365 live casino games subjects by the public sector，It mainly includes four aspects: First, the public sector must not do it for prevention、Investigation、Detection or prosecution of criminal and administrative offenses、Enforcing criminal or administrative penalties and tax or customs purposes，Require bet365 live casino games holder to provide bet365 live casino games in accordance with the bet365 live casino games Act。Second, the public sector should ensure that the administrative burden on bet365 live casino games holders to provide bet365 live casino games is minimized，Requests for bet365 live casino games should be made only once。Public sector requests must be unambiguous、Appropriate verbal expression，Respect the legitimate interests of bet365 live casino games holders，Taking into consideration the protection of business secrets，And avoid the use of personal bet365 live casino games wherever possible。In addition，Purpose of bet365 live casino games use、The public sector continues to share bet365 live casino games、Restrictions on personal bet365 live casino games processing and disclosure of trade secrets have also been increased。Third, bet365 live casino games provided to public authorities based on special needs can only be used for the requested purpose，Unless the bet365 live casino games holder explicitly consents to the use of the bet365 live casino games for other purposes。Unless otherwise agreed，This bet365 live casino games should be destroyed once it is no longer needed，And notify the bet365 live casino games holder。Fourth, the bet365 live casino games holder frequently responds to special needs other than public emergencies，Right to reasonable compensation，Compensation shall not exceed the technical and organizational costs incurred in fulfilling the request，and reasonable compensation for providing bet365 live casino games to the public sector。

　　Clear the bet365 live casino games holder and recipientRights and Obligations

Rights and obligations that need to be fulfilled by bet365 live casino games holders and recipients，The "bet365 live casino games Act" also makes clear regulations，Mainly includes the following two aspects。

一，In terms of the bet365 live casino games holder’s rights and obligations towards users，The bet365 live casino games Act stipulates that users of products or services have access、Use and share with third parties the bet365 live casino games generated by the use of products or services，Protects users’ rights and interests in their bet365 live casino games。First，The bet365 live casino games holder must provide the generated bet365 live casino games to the user upon request，No unreasonable delays or charges，Should be continuous when conditions permit、Provided in real time，And guarantee that the bet365 live casino games quality is the same as that available to the bet365 live casino games holder itself。Secondly，When the bet365 live casino games holder uses the bet365 live casino games，Must sign a contract with its users，The bet365 live casino games holder shall not use the bet365 live casino games in a manner that may damage the user’s commercial position in the market。The bill also sets strict time limits for bet365 live casino games service providers，That is, it is necessary to assist users to complete the migration within the maximum transition period of 30 days，There are indeed difficulties，The user needs to be notified within 7 days，Inform in detail the reasons why it is not technically feasible，And provide an alternative in no more than 6 months。Last，The bet365 live casino games holder must also provide the bet365 live casino games to third parties upon request from users (which may be competing businesses)。For example，Products that empower users to seek third parties to repair links through bet365 live casino games sharing，Thus supporting the after-sales market。Receiving third parties are subject to various restrictions，Such as purpose restriction、Continue sharing restrictions、bet365 live casino games deleted、Non-Compete/Exclusivity Requirements and bet365 live casino games Protection Compliance。In view of other major recent EU legislative development goals，If a third party or a member of its group forms a gatekeeper under the EU Digital Markets Act，Then the third party is not eligible to receive such information。

　Second，In terms of the rights and obligations of the bet365 live casino games holder towards the bet365 live casino games recipients，According to the 2017 research report on the European bet365 live casino games trading market，The European Commission recognizes that a major obstacle to the flow of bet365 live casino games between companies is the possibility that bet365 live casino games holders with greater negotiating power may unilaterally impose unfair trading conditions，This may lead to difficulties in negotiating bet365 live casino games circulation、Exceptionally high cost，It may also allow companies with a competitive advantage to use bet365 live casino games barriers to prevent new players from entering the market。Therefore, the bet365 live casino games Act stipulates that bet365 live casino games holders must act in a fair manner、Reasonable、Under the condition of non-discrimination，Complete bet365 live casino games sharing in a transparent manner。bet365 live casino games holders can take appropriate technical protection measures，Including smart contracts，To prevent unauthorized access to bet365 live casino games，And ensure compliance with Section 5 of the bet365 live casino games Act、6、Articles 9 and 10 and agreed contractual terms for the provision of bet365 live casino games。Inaccurate or false information provided by bet365 live casino games recipient，Use of deception or coercion or abuse of apparent vulnerabilities in the bet365 live casino games holder’s technical infrastructure，Or use the bet365 live casino games for unauthorized purposes or disclose the bet365 live casino games to another party without authorization，The information provided by the bet365 live casino games holder and all copies must be destroyed。This bill curbs the use of unfair terms，Further protection of small and medium-sized enterprises。Unfair contract terms，Involves regulating bet365 live casino games access and use、Liability and Remedies for Breach or Termination of bet365 live casino games Related Obligations，When unilaterally imposed on micro、For small or medium-sized businesses，Not binding on them。The bill also provides for different circumstances in which unfair terms are found and presumed。For example，If the purpose or effect of the contract terms involves the following situations，The terms will be considered unfair: 1.Exclude or limit liability for intentional acts or gross negligence of the party imposing the terms unilaterally；2.Excludes remedies available to the party to whom a term is imposed in the event of non-performance of contractual obligations or liability for breach of obligations by a party to a unilaterally imposed term；3.Grants exclusive rights to contracting parties that unilaterally strengthen clauses，To determine whether the bet365 live casino games provided complies with the contract or contractual interpretation。

　　Strictly restrict bet365 live casino games processing service providersInternational bet365 live casino games Sharing Behavior

Previously, only the GDPR regulations regulated the cross-border flow of personal bet365 live casino games，There is a big gap in the EU bet365 live casino games cross-border system。The "bet365 live casino games Act" uses a special chapter to stipulate the cross-border flow of non-personal bet365 live casino games based on the GDPR regulations，Strict restrictions on international bet365 live casino games sharing of cloud services，i.e. Cloud service providers must take necessary measures to prevent any international access or transfer of non-personal bet365 live casino games held in the EU that would be contrary to EU or Member State law。

First, after non-personal bet365 live casino games is transferred overseas，Must not violate the legal provisions of the EU and relevant member states。For example，Based on the protection of basic individual rights、Rules governing national security interests or intellectual property rights of member states。The second is the transfer of non-personal bet365 live casino games stored in the EU to a third country，Subject to an international agreement in force between the third country and the EU。Only if it is based on an international agreement or the legal system of a third country provides protection similar to the bet365 live casino games Act，Only bet365 live casino games access requests from third countries are allowed。Third, if there is no effective international agreement，Non-personal bet365 live casino games stored in the EU may be transferred to a third country or allowed to be accessed only if three specific conditions stipulated in the bet365 live casino games Act are met。The fourth is when transmission is allowed，bet365 live casino games processing service providers shall meet the minimum amount of bet365 live casino games allowed in other parties' requests。Fifth, before responding to a third country’s bet365 live casino games transfer request，bet365 live casino games processing service providers should promptly notify bet365 live casino games holders of requests from other countries to access their bet365 live casino games。

　　The rationality of some content is questionable

The bet365 live casino games Bill as the second step in the EU bet365 live casino games strategy，Aims to ensure a fair bet365 live casino games environment，Promote effective bet365 live casino games circulation，Provide opportunities for bet365 live casino games-driven innovation。But the "bet365 live casino games Act" is a double-edged sword in terms of bet365 live casino games management and social governance。On the one hand，The "bet365 live casino games Act" is a deepening of previous relevant policies and regulations，Further building the EU bet365 live casino games rights system，To different subjects、Different bet365 live casino games types、More detailed specifications have been made for different trading scenarios，And designed corresponding supervision models and dispute resolution mechanisms for possible rights conflicts，It will bring more incentives and confidence to all entities to share bet365 live casino games，Breaking bet365 live casino games silos and monopolies，Contribute to unlocking the potential of the digital economy in line with EU bet365 live casino games governance rules and values。

On the other hand，The "bet365 live casino games Act" also has certain problems。First, many contents of the “bet365 live casino games Act” are still unclear，Such as the specific scope of application of some clauses and the specific content of their substantive obligations。Second, the “bet365 live casino games Act” foreshadows the European Commission’s “list of powers” ​​and authorization standards，But the lack of shared standards still cannot be solved。The goal of this bill is to achieve the optimal level of sharing for each bet365 live casino games type，So the EU is trying to deepen regulatory controls on various bet365 live casino games transactions，And implement rules that can only be monitored and enforced with great effort，In order to reverse the existing market dynamics，But the worrying thing is，This may create unnecessary regulatory “straitjacket”。The third is in the process of implementing technologies related to the "bet365 live casino games Act"，Enterprises have to bear more bet365 live casino games usage、Administrative and Compliance Costs，So can this bill really curb oligopoly，Promote bet365 live casino games circulation，Still to be considered。Fourth, restrictions on international bet365 live casino games may affect existing cloud bet365 live casino games flows between the EU and third countries，And affect the EU’s opportunities to build new cloud services in third countries such as the United States or the United Kingdom。

(This article is a phased result of the special project "Research on Tort Liability of Network Platforms under the Background of New Technologies" (FJ2020TWFX004) of the Fujian Provincial Social Science Planning Provincial Law Society)

(Author’s unit: Fujian Normal University Law School)