The Legal Consistency of Technology Regulation in Europe

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. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Auteur
Inge Graef is Associate Professor of Competition Law at Tilburg University, the Netherlands. Bart van der Sloot is Associate Professor at the Tilburg Institute for Law, Technology, and Society, Tilburg University, the Netherlands.

Contenu

Part One: Setting the Stage 1. Introduction, Inge Graef (Tilburg University, the Netherlands) and Bart van der Sloot (Tilburg University, the Netherlands) Part Two: 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, Laurens Naudts (University of Amsterdam, the Netherlands) and Ana Maria Corrêa (KU Leuven, Belgium) 3. Faced with the Non-Harmonisation of Data Protection Law, the Two European Courts Carve out a Shared Path, Bart van der Sloot (Tilburg University, the Netherlands) Part Three: Legal Consistency Between the Various EU Frameworks 4. Regulatory Siblings: The Unfair Commercial Practices Directive Roots of the AI Act, Catalina Goanta (Utrecht University, the Netherlands) 5. Open Public Data Policies and Data Protection Law: Foes or Allies? Maria Lillà Montagnani (Bocconi University, Italy) and Laura Zoboli (University of Brescia, Italy) 6. Regulation of Machine-Generated Data between Control and Access, Andreas Wiebe (University of Göttingen, Germany) Part Four: Legal Consistency Between EU and Member State Law 7. The Implementation of the GDPR in Member States' Law and Issues of Coherence and Consistency, Mark D Cole (University of Luxembourg, Luxembourg) and Christina Etteldorf (Institute of European Media Law, Germany) 8. Regulating Digital Platforms: Streamlining the Interaction between the Digital Markets Act and National Competition Regimes, Inge Graef (Tilburg University, the Netherlands) 9. With a Little Help from My Friends: Harmony and Dissonance in Europe's Many Patent Laws, Léon Dijkman (Rotterdam University, the Netherlands) Part Five: Lessons Learned and Future Perspectives 10. Conclusion, Inge Graef (Tilburg University, the Netherlands) and Bart van der Sloot (Tilburg University, the Netherlands)