Abstract: This Special Section is devoted to assessing whether core areas and core values of European law are future-proof (and how they could or should be made future-proof) in light of developments in terms of digitalisation and technological innovation. It is the result of a joint project of researchers at the Utrecht Centre for Regulation and...
Table of Contents: I. Introduction. – II. The evolution of the “New Approach” to harmonisation in the EU: setting the scene. – II.1. The “New Approach” to technical harmonisation. – II.2. The Digital Single Market. – III. Harmonisation in the Draft AI Act: old wine in a new bottle, or new wine? – III.1. Risk-based approach of the Draft AI Act. – III...
Table of Contents: I. Introduction. – II. The Facebook case. – II.1. Case overview. – II.2. The opinion of the AG. – III. Dominance for GDPR purposes. – III.1. Market power and the GDPR. – III.2. Dominance in AG Ranto’s opinion. – III.3. The definition of “gatekeeper” under the DMA. – IV. Dominance and the validity of consent. – IV.1. Freely given...
Table of Contents: I. Introduction. – II. Personalised marketing and its potential to exploit consumer vulnerabilities. – II.1. Personalised marketing. – II.2. Potential to exploit consumer vulnerabilities. – III. Consumer protection against personalised marketing: shortcomings of the current EU legal framework. – III.1. The Unfair Commercial...
Table of Contents: I. Introduction. – II. Consumer law enforcement through computational investigations. – II.1. The CPC Regulation. – II.2. DSA. – III. Computational Measurements of Influencer Activity: a case study for digital enforcement. – IV. Consumer forensics: a new field for digital detectives. – IV.1. Consolidating data collection and...
Table of Contents: I. Introduction. – II. Regulating innovation in the digitalised age. – II.1. Impact of regulation on innovation. – II.2. Crypto-assets as innovation: a moving target. – III. The regulation of crypto-assets in the EU. – III.1. The MiCA framework, its objectives and challenges. – III.2. Activity- and risk-based approach to...
Table of Contents: I. Introduction: libraries and copyright law in the digital networked environment. – II. Digital library developments: institutional organisation, purpose and functions. – III. Assessment: digital libraries under the modernised DSM directive: is EU copyright law currently future-proof? – III.1. Institutional organisation. – III.2...
Table of Contents: I. Introduction: data retention and future-proofing. – II. “The Lighthouse for Privacy Rights in Europe”? Past and present CJEU case law on communications data retention. – II.1 Retain in haste, repent at leisure: the legacy of Directive 2006/24/EC. – II.2. La Quadrature du Net and Privacy International: from...
Table of Contents: I. Convention control over the application of Union law by domestic courts. – I.1 The principle. – I.2. Applications. – II. The case for a wholistic approach to fundamental rights: state of the play. – II.1. The European Court of Human Rights. – II.2. The Court of Justice of the European Union. – III. Conclusion....
Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) unequivocally states that the French prohibition on sale at a loss is a measure having equivalent effect, and relies to this effect on the Oosthoek line of case law. Gormley's judgment aims to closely follow...
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