The Legal Consistency Of Technology Regulation In Europe

Description

By bringing together fundamental rights, economic law, and recent legislation in the areas of digital platforms, data, and AI, this open access book gives a comprehensive picture of the state of play in technology regulation in the EU. Risks of regulatory fragmentation are on the rise with ever more legislative instruments becoming applicable to the technology sector. This book explores the prospects and challenges of ensuring legal consistency in a period of transition in which new legislation is being implemented and the interpretation of existing laws is being challenged by the use of data, AI, and platform technologies. The book analyses the legal consistency of technology regulation from three perspectives: (1) the relationship between the EU and the Council of Europe; (2) the relationship among EU regulatory frameworks; and (3) the relationship between EU and Member State law. By covering issues of fundamental rights protection, the free flow of data, consumer protection, competition, and innovation, the book gives a unique and extensive outlook into the state of the art in academic and policy discussions. Unravelling the relationship between legal fields, the book is an essential resource for academics, practitioners and students wishing to understand the increasingly complex landscape of technology regulation in Europe. Cover Half title Title Copyright Table of Contents List of Contributors Table of Cases Table of Legislation PART I: SETTING THE STAGE 1. Introduction I. Background II. Approach III. Outline of the Book IV. Acknowledgements PART II: LEGAL CONSISTENCY BETWEEN THE EU AND COE FRAMEWORKS 2. Data-Driven Inequality and Discrimination: Challenges and Opportunities for Regulating AI Systems in the CoE and EU I. Introduction II. Challenges to Equality and Non-discrimination in the AI Environment III. Equality and Non-discrimination in the CoE and EU IV. Institutional Divergence and Convergence V. Conceptual Boundaries I: Grounds-based Limitations VI. Conceptual Boundaries II: Justifying Discrimination VII. Concluding Remarks 3. Faced with the Non-Harmonisation of Data Protection Law, the Two European Courts Carve Out a Shared Path I. Introduction II. Super Rights III. Ratione Materiae IV. Ratione Personae V. Private Sphere VI. Public Sphere VII. Abuse of Waiver of Right VIII. Intelligence Services IX. Private Sector, Public Sector X. Transfer of Data XI. Legal Regimes XII. Analysis PART III: LEGAL CONSISTENCY BETWEEN THE VARIOUS EU FRAMEWORKS 4. Regulatory Siblings: The Unfair Commercial Practices Directive Roots of the AI Act I. Introduction II. The UCPD as a Technology Regulation Instrument III. The AI Act: Another Layer of Regulation IV. Comparing the Two Articles 5 V. Regulatory Siblings: If it Looks Like a Duck VI. Conclusion 5. Open Public Data Policies and Data Protection Law: Foes or Allies? I. Introduction II. Open Data Policies: From the 2003 PSI Directive to the DGA III. The Interplay between the Open Data Directive and the Data Governance Act IV. Building a Bridge between Data Protection and Open Data 6. Regulation of Machine-generated Data between Control and Access I. Emerging Framework of Data Governance Regulations II. Definition of MGD and Scope of Legislation III. Protection of MGD and Alignment with the Data Act IV. Further EU Regulations, with Special Emphasis on Access Rights V. Emerging Principles in European Data Law VI. Conclusions and Perspectives PART IV: LEGAL CONSISTENCY BETWEEN EU AND MEMBER STATE LAW 7. The Implementation of the GDPR in Member States' Law and Issues of Coherence and Consistency I. Introduction II. GDPR: Scope and Margin(s) of Manoeuvre III. Specific Processing Activities: The Example of the 'Media Privilege' IV. The GDPR and the Opening Clauses V. Interpretation and Application of the GDPR VI. Negative Fragmentation or Positive Diversification VII. Concluding Remarks 8. Regulating Digital Platforms: Streamlining the Interaction between the Digital Markets Act and National Competition Regimes I. Introduction II. How the Enforcement of EU Competition Law Evolved from the EU to the National Level and Now Back Again? III. Relationship between the EU and National Competition Rules in the Books and in Action IV. Coordination between the DMA and National Competition Law V. Conclusion 9. With a Little Help from My Friends: Harmony and Dissonance in Europe's Many Patent Laws I. A Brief Introduction to Europe's Many Patent Laws II. The Search for a Common Language in the Crowded House III. Conclusion and Outlook PART V: LESSONS LEARNED AND FUTURE PERSPECTIVES 10. Conclusion I. Legal Consistency is not Black or White II. Legal Consistency Requires Clarity about the Overall Policy Objective III. Managing Legal Consistency is a Joint Responsibility IV. Conclusion Index