Papers by Marius Laurinaitis
Linköping Electronic Conference Proceedings
Journal of Money Laundering Control
Purpose The purpose of this paper is to assess such processing of personal data for identificatio... more Purpose The purpose of this paper is to assess such processing of personal data for identification purposes from the point of view of the principle of data minimisation, as set out in the EU’s General Data Protection Regulation (GDPR) and examine whether the processing of personal data for these purposes can be considered proportionate, i.e. whether it is performed for the purposes defined and only as much as is necessary. Design/methodology/approach In this paper, the authors discuss and present the relevant legal regulation and examine the goals and implementation of such regulation in Lithuania. This paper also examines the conditions for the lawful processing of personal data and their application for the above-mentioned purposes. Findings This paper addresses the problem that, on the one hand, financial institutions must comply with the objectives of collecting as much personal data as possible under the AML Directive (this practice is supported by the supervisory authority, th...
Journal of Security and Sustainability Issues
Given the global nature of cyber threats, assurance of a cyber security policy is very important ... more Given the global nature of cyber threats, assurance of a cyber security policy is very important not only at the local organisation level, but also at national and international level. Currently, cyber security as such is not suitably regulated internationally; therefore, the role of national cyber security strategies has become particularly significant. Lithuania is among the leaders in the EU and globally in the development of the optical fibre network. FTTP coverage has already reached 95%, the highest in the EU. Regardless of that, the cyber security programme effective in Lithuania does not provide conditions to ensure an appropriate level of cyber security and may not be regarded as a high-level contemporary strategic document in the area of cyber security. This article presents a study the main outcome of which are guidelines for a contemporary model of the Lithuanian national cyber security strategy. Based on comparative and historical studies as well as expert interviews conducted by authors and on the best practice of other countries, the article presents the elements of a model of the Lithuanian national cyber security strategy as well as guidelines on the content of these elements of the model. The article also reveals which elements of the model of the national cyber security strategy should most of all reflect the national situation and which elements may be unified and possibly also adapted in the cyber security strategies of other countries.
Independent Journal of Management & Production
Electronic financial services are of key importance in the EU. However, the actual policies adopt... more Electronic financial services are of key importance in the EU. However, the actual policies adopted in the field by individual member states differ from country to country. A great deal of legal acts have been adopted by the EU to encourage FinTech development, to prevent money laundering and in particular to lay down secure procedures of personal identification. However, measures applied by individual member states frequently differ. The purpose of this article is to focuses on actual legal instruments used by EU financial institutions and FinTech agencies in the digital environment for client identification and on major problems faced by FinTech companies rendering modern financial services. Financial institutions and FinTech agencies often face the problem of client identification which is of key importance in the field. The complex legal regulation of the field has been extended to include such concepts as customer due diligence, simplified customer due diligence, enhanced custo...
E3S Web of Conferences
The strategic documents of the state provide for inclusive and green growth aimed at the inclusio... more The strategic documents of the state provide for inclusive and green growth aimed at the inclusion of society in the development of the state. It causes the need to highlight the main components of growth and guidelines for their calculation. The international community moved away from using the Gross Domestic Product (GDP) as a measure of economic development, and started measuring growth by calculating the Inclusive Development Index. The study conducted in the article is concentrated on the main directions of the international community development, which focus on assessment of the mineral resource management as one of the levers of increasing the production efficiency and taxes distribution. This article suggests to improve the rent payments for the minerals extraction through a correction factor, since the Tax Code of Ukraine does not take into account the multifunctionality of the territory where these resources are mined. The coefficient is estimated to vary from 1.25 to 2.0,...
Independent Journal of Management & Production
The concept of permanent establishment introduced over a century ago became obsolete in the XXI a... more The concept of permanent establishment introduced over a century ago became obsolete in the XXI age. It is completely irrelevant in terms of modern online business. Recent OECD initiatives are only a late reaction to the internationally observed legal loophole in taxing profits of e-commerce companies. Steps taken by the international community over the last few years reveal considerable diversity in approaches towards the concept of permanent establishment. Even the key principles to be followed in the development of the new concept of permanent establishment have not been agreed so far. The present article is an attempt to propose the major principles to be followed in updated interpretations of the concept of permanent establishment equally effective in terms of both big multinationals and SMEs.
Independent Journal of Management & Production
Cyber security has become an important issue both on the EU and the national level. Cyber securit... more Cyber security has become an important issue both on the EU and the national level. Cyber security is now perceived as a part of national security. The newly emerging cyber security policy, comprising national cyber security strategies as an important constituent part, has been recently paid considerable attention. Speaking of national cyber security strategies, a positive thing is that the majority of EU member states have already approved such strategies. However, the approved strategies differ considerably in terms of their content and implementation. The present article aims at identifying reasons for differences in individual national strategies and analyses aspects of their unifications in expectation to find out an optimum balance between the degree of unification and the need to retain differences arising from intrinsic national singularities. To this end, the article analyses the issue of national cyber security on the basis of Lithuania's cyber security strategy as a s...
Entrepreneurship and Sustainability Issues
Statute Law Review
Cases, where operations of legal entities entail unfair income through the malpractice of improvi... more Cases, where operations of legal entities entail unfair income through the malpractice of improving financial reports, are quite frequent. Such behaviour is unacceptable and deserves a stern response from the state, not only against persons involved in illegal activities but also against particular legal entities resorting to such behaviour. The purpose of this article is to analyse the elements of corporate criminal liability in the legislation of Lithuania. The article investigates the fundamentals of corporate criminal liability with the major focus on the problems of distinction and applicability of relevant elements of the latter. The analysis emphasizes the assurance of the inevitability of corporate criminal liability. The article also discusses the method of criminalizing the liability of legal entities, chosen by the Lithuanian legislator, according to which criminal liability can arise only for a limited scope of criminal offences. Presumably, the current legal regulation ...
Computer Law & Security Review
Computer Law & Security Review, 2016
Informacijos mokslai
Straipsnyje analizuojama tapatybės vagystė elektroninėje erdvėje ir pagrindiniai ios pavojingos ... more Straipsnyje analizuojama tapatybės vagystė elektroninėje erdvėje ir pagrindiniai ios pavojingos vei-kos poymiai. Straipsnį sudaro keturios dalys. Pirmoje dalyje analizuojamos tapatybės ir identifikavi-mo elektroninėje erdvėje kategorijos. Antroji dalis skirta aptarti ir susisteminti ...
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Papers by Marius Laurinaitis