The Standards of Fairness in Digital Law

The Normative Foundations of the Data, Data Governance, Digital Services, Digital Markets and Artificial Intelligence Acts

Pieter Van Cleynenbreugel, Ljupcho Grozdanovski (Herausgeber)

Buch | Hardcover

394 Seiten

2025
Edward Elgar Publishing Ltd (Verlag)
978-1-0353-3867-2 (ISBN)

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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.

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

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

Erscheinungsdatum	22.11.2025
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► IT-Recht
ISBN-10	1-0353-3867-X / 103533867X
ISBN-13	978-1-0353-3867-2 / 9781035338672
Zustand	Neuware