The Standards of Fairness in Digital Law: The Normative Foundations of the Data, Data Governance, Digital Services, Digital Markets and Artificial Intelligence Acts

This book traces the evolution of the standard of fairness through to its incorporation in the development of recent EU digital legislation, primarily comprised of the Data Governance Act (DGA), Digital Markets Act (DMA), Digital Services Act (DSA), Data Act (DA), Artificial Intelligence Act (AIA) and the Product Liability Directive (PLD). Providing a fresh approach to fairness as a legal concept, the book identifies key gaps and inconsistencies across the EU’s digital legislative instruments. Fairness is framed by the book’s chapters as an analytical lens through which they evaluate the new EU digital legislation, while also exploring the extent to which it shaped the design of various guarantees that legislation offers, such as rights, remedies and procedures. Ultimately, the book outlines how the DGA, DMA, DSA, DA and AIA situate fairness in a variety of contexts within the digital markets, particularly regarding online services, data protection and artificial intelligence. The Standards of Fairness in Digital Law is an essential resource for scholars and students of European law, internet and technology law, as well as legal theory. Practitioners and policymakers in the fields of cybersecurity and EU digital law will also benefit from its in-depth insights into these crucial legislations.

Table of Contents:
Contents Preface viii PART I FRAMING THE CONCEPT OF FAIRNESS IN EU DIGITAL LEGISLATION 1 Philosophical and theoretical foundations of the rationale of fairness in the EU’s digital legislation 2 Ljupcho Grozdanovski 2 Fairness in EU digital regulation: a reflective equilibrium approach 30 Johan Rochel PART II STANDARDS OF FAIRNESS IN EU DIGITAL LEGISLATION 3 Fairness in the Digital Markets Act 62 Juliane K. Mendelsohn 4 The notion of fairness in the Data Governance Act and the Data Act 91 Laura Drechsler and Charlotte Ducuing 5 Fairness and the Digital Services Act 129 Pieter Van Cleynenbreugel 6 Lost in translation? On fairness as answerability and as non- discrimination in the European Union Artificial Intelligence Act 155 Jérôme De Cooman PART III GUARANTEEING FAIRNESS THROUGH RIGHTS, REMEDIES AND PROCEDURES? 7 Access to justice and effective redress in EU digital legislation: a roadmap 204 Francesca Episcopo 8 Transparent markets as fair markets? Defining ‘fair’ conditions for the provision of online intermediation services through rights: the case of the DMA 236 Miłosz Malaga 9 Procedural fairness and AI liability: why the upgraded product and proposed AI liability Directives are BRIEF (barely reinforcing and integrating effective fairness) 264 Ljupcho Grozdanovski 10 Structuring ‘procedural fairness’ through the principle of effectiveness: a promising starting point for a more uniform legal protection in EU digital law and beyond? 313 Pieter Van Cleynenbreugel Bibliography 342

About the Author :
Edited by Pieter Van Cleynenbreugel, Professor of Law, University of Liège and Ljupcho Grozdanovski, Research Associate, Belgian National Research Foundation (FNRS) and Research Professor, University of Liège, Belgium

Review :
‘This book offers a much-needed examination of fairness in the digital age. It is an important read for anyone interested in how fairness has been increasingly at the core of EU digital law, becoming a central part of European digital policy and regulation, from data protection to platform governance and AI regulation.’ ‘As the growing policy emphasis on restoring fairness in digital markets rekindles the longstanding debate over the meaning of a seemingly vague and ambiguous -yet alluring- term, this book serves as a timely and much-needed tool for navigating the conceptual, legal, and policy complexities that surround it.’