Hardback
Research Handbook on EU Internet Law
2nd edition
9781803920870 Edward Elgar Publishing
The Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law.
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Critical Acclaim
Contributors
Contents
More Information
The Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law.
Paying close attention to recent acts and proposals, including the Digital Services Act (DSA), Digital Markets Act (DMA), AI Act and others, this Research Handbook traces the developments of main regulatory ideas; provides criticism of the methods, principles, approaches and enforcement; and gives a critical analysis of the normative side of regulation. The expert contributors are clustered around the main regulatory fields and each deals adeptly with one or more of the key features of the passed or proposed acts.
Providing a critical analysis of the EU’s regulatory efforts in digital regulation, this discerning Research Handbook will be a useful reference tool for academics and postgraduate students specialising in international law, e-commerce, consumer law and IT law. It will also be of interest to practitioners, including governmental officials and data protection officers.
Paying close attention to recent acts and proposals, including the Digital Services Act (DSA), Digital Markets Act (DMA), AI Act and others, this Research Handbook traces the developments of main regulatory ideas; provides criticism of the methods, principles, approaches and enforcement; and gives a critical analysis of the normative side of regulation. The expert contributors are clustered around the main regulatory fields and each deals adeptly with one or more of the key features of the passed or proposed acts.
Providing a critical analysis of the EU’s regulatory efforts in digital regulation, this discerning Research Handbook will be a useful reference tool for academics and postgraduate students specialising in international law, e-commerce, consumer law and IT law. It will also be of interest to practitioners, including governmental officials and data protection officers.
Critical Acclaim
‘The Research Handbook gives us much-needed insight into what may be considered as the central struggle of contemporary law, i.e. the attempt to regulate the digital revolution. A must-read for anyone trying to understand the law in 21st century.’
– Maciej Szpunar, Court of Justice of the European Union
‘Andrej Savin and Jan Trzaskowski are the leading scholars in regulation of the online world, and are among the most important contributors to the emerging discipline of Social Welfare Computing. In this book they have brought together an impressive collection of papers, from a distinguished group of faculty, addressing the most important fields within Social Welfare Computing and online regulation.’
– Eric K. Clemons, University of Pennsylvania, US
‘The editors have put together an impressive and thought-provoking collection of articles by leading scholars of Internet law.’
– Martin Husovec, London School of Economics, UK
– Maciej Szpunar, Court of Justice of the European Union
‘Andrej Savin and Jan Trzaskowski are the leading scholars in regulation of the online world, and are among the most important contributors to the emerging discipline of Social Welfare Computing. In this book they have brought together an impressive collection of papers, from a distinguished group of faculty, addressing the most important fields within Social Welfare Computing and online regulation.’
– Eric K. Clemons, University of Pennsylvania, US
‘The editors have put together an impressive and thought-provoking collection of articles by leading scholars of Internet law.’
– Martin Husovec, London School of Economics, UK
Contributors
Contributors: Marco Bassini, Christian Bergqvist, Sandrine Brachotte, Zachary Cooper, Collette Cuijpers, Jos Dumortier, Martin Ebers, Elisa Faustinelli, Giancarlo Frosio, Christoph Geiger, Alisdair Gillespie, Jane Ginsburg, Bernd Justin Jütte, Arno Lodder, Joasia Luzak, Hans-W. Micklitz, Arnaud Nuyts, Mara Paun, Oreste Pollicino, Christine Riefa, Eleonora Rosati, Søren Sandfeld Jakobsen, Andrej Savin, Nikola Schiefke, Franciska Schönherr, Sebastian Schwemer, Gerald Spindler, Eleni-Tatiani Synodinou, Jan Trzaskowski, Niels Vandezande, Antonia von Appen, Emily Weitzenböck
Contents
Contents:
Preface ix
PART I POLICY, GOVERNANCE AND REGULATORY TOOLS
1 EU Internet policy in the 2020s 2
Gerald Spindler
2 EU Internet law in the era of convergence and digital platforms: the
interplay with EU telecoms and media law 45
Søren Sandfeld Jakobsen
3 Designing EU digital laws 62
Andrej Savin
4 Do algorithms need to be regulated, and if so, what algorithms? 79
Arno R. Lodder and Zachary Cooper
5 Leveraging conducts in the digital economy: a competition and
regulatory perspective 93
Christian Bergqvist and Elisa Faustinelli
PART II INTELLECTUAL PROPERTY LAW
6 EU copyright law, an ancient history, a contemporary challenge 119
Tatiana-Eleni Synodinou
7 Limitations to copyright in the digital age, safeguards for users’ rights,
creativity and authors’ remuneration interests 148
Christophe Geiger, Franciska Schönherr and Bernd Justin Jütte
8 The making of EU copyright law: building blocks, current appearance,
and future transformations 178
Eleonora Rosati
PART III JURISDICTION
9 Where does ‘making available’ occur? 193
Jane C. Ginsburg and Antonia von Appen
10 Jurisdiction over cyber torts under the Brussels I Bis Regulation 214
Sandrine Brachotte and Arnaud Nuyts
PART IV INTERNAL MARKET AND PLATFORMS
11 Digital Services Act: a reform of the e-Commerce Directive and much more 231
Sebastian Felix Schwemer
12 Platform responsibility in the Digital Services Act: constitutionalising,
regulating and governing private ordering 252
Giancarlo Frosio
13 The European Commission’s Proposal for an Artificial Intelligence Act 270
Martin Ebers
14 A European legal framework for digital identities, digital authentication
and electronic signatures: reflections on a moving target 292
Niels Vandezande and Jos Dumortier
PART V CONSUMERS AND MARKETING
15 Persuasion, manipulation, choice architecture and ‘dark patterns’ 308
Jan Trzaskowski
16 The sustainability gap in the regulation of e-commerce 329
Nikola Schiefke and Hans-W. Micklitz
17 Unsafe and still online: proposals to improve product safety on online
marketplaces 344
Christine Riefa
18 Regulating the wild world of digital services in the EU 366
Joasia Luzak
PART VI CITIZENS AND THE INTERNET
19 User empowerment in the age of algorithms: two steps forward, one step back? 387
Emily M. Weitzenboeck
20 Tackling cyberscams through EU criminal law 410
Alisdair A. Gillespie
21 The reshaping of the freedom of expression in the digital environment
in light of the role of social networks 427
Oreste Pollicino and Marco Bassini
22 Embedded data protection – how law and technology interact 466
Colette Cuijpers and Mara Paun
Index
Preface ix
PART I POLICY, GOVERNANCE AND REGULATORY TOOLS
1 EU Internet policy in the 2020s 2
Gerald Spindler
2 EU Internet law in the era of convergence and digital platforms: the
interplay with EU telecoms and media law 45
Søren Sandfeld Jakobsen
3 Designing EU digital laws 62
Andrej Savin
4 Do algorithms need to be regulated, and if so, what algorithms? 79
Arno R. Lodder and Zachary Cooper
5 Leveraging conducts in the digital economy: a competition and
regulatory perspective 93
Christian Bergqvist and Elisa Faustinelli
PART II INTELLECTUAL PROPERTY LAW
6 EU copyright law, an ancient history, a contemporary challenge 119
Tatiana-Eleni Synodinou
7 Limitations to copyright in the digital age, safeguards for users’ rights,
creativity and authors’ remuneration interests 148
Christophe Geiger, Franciska Schönherr and Bernd Justin Jütte
8 The making of EU copyright law: building blocks, current appearance,
and future transformations 178
Eleonora Rosati
PART III JURISDICTION
9 Where does ‘making available’ occur? 193
Jane C. Ginsburg and Antonia von Appen
10 Jurisdiction over cyber torts under the Brussels I Bis Regulation 214
Sandrine Brachotte and Arnaud Nuyts
PART IV INTERNAL MARKET AND PLATFORMS
11 Digital Services Act: a reform of the e-Commerce Directive and much more 231
Sebastian Felix Schwemer
12 Platform responsibility in the Digital Services Act: constitutionalising,
regulating and governing private ordering 252
Giancarlo Frosio
13 The European Commission’s Proposal for an Artificial Intelligence Act 270
Martin Ebers
14 A European legal framework for digital identities, digital authentication
and electronic signatures: reflections on a moving target 292
Niels Vandezande and Jos Dumortier
PART V CONSUMERS AND MARKETING
15 Persuasion, manipulation, choice architecture and ‘dark patterns’ 308
Jan Trzaskowski
16 The sustainability gap in the regulation of e-commerce 329
Nikola Schiefke and Hans-W. Micklitz
17 Unsafe and still online: proposals to improve product safety on online
marketplaces 344
Christine Riefa
18 Regulating the wild world of digital services in the EU 366
Joasia Luzak
PART VI CITIZENS AND THE INTERNET
19 User empowerment in the age of algorithms: two steps forward, one step back? 387
Emily M. Weitzenboeck
20 Tackling cyberscams through EU criminal law 410
Alisdair A. Gillespie
21 The reshaping of the freedom of expression in the digital environment
in light of the role of social networks 427
Oreste Pollicino and Marco Bassini
22 Embedded data protection – how law and technology interact 466
Colette Cuijpers and Mara Paun
Index
