Papakonstantinou and De Hert, ‘The Regulation of Digital Technologies in the EU: The Law-Making Phenomena of “Act-ification”, “GDPR Mimesis” and “EU Law Brutality”’

ABSTRACT
EU regulatory initiatives on technology-related topics has spiked over the past few years. On the basis of its Priorities Programme 2019-2024, while creating ‘Europe fit for the Digital Age’, the EU Commission has been busy releasing new texts aimed at regulating a number of technology topics, including, among others, data uses, online platforms, cybersecurity, or artificial intelligence. This paper identifies three basic phenomena common to all, or most, EU new technology-relevant regulatory initiatives, namely (a) ‘act-ification’, (b) ‘GDPR mimesis’, and (c) ‘regulatory brutality’. These phenomena divulge new-found confidence on the part of the EU technology legislator, who has by now asserted for itself the right to form policy options and create new rules in the field for all of Europe. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that by now seems ready to emerge.

Papakonstantinou, Vagelis and De Hert, Paul, The Regulation of Digital Technologies in the EU: The Law-Making Phenomena of ‘Act-ification’, ‘GDPR Mimesis’ and ‘EU Law Brutality’ (May 2022). Technology and Regulation Journal 2022.

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