The Regulation of Digital Technologies in the EU: The Law-Making Phenomena of 'Act-ification', 'GDPR Mimesis' and 'EU Law Brutality'

Technology and Regulation Journal 2022

13 Pages Posted: 13 Jun 2022

See all articles by Vagelis Papakonstantinou

Vagelis Papakonstantinou

Faculty of Law and Criminology, Vrije Universiteit Brussel

Paul De Hert

Free University of Brussels (VUB)- LSTS; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: May 2022

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.

Suggested Citation

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, Available at SSRN: https://ssrn.com/abstract=4123313

Vagelis Papakonstantinou (Contact Author)

Faculty of Law and Criminology, Vrije Universiteit Brussel ( email )

Pleinlaan 2
Brussels, 1050
Belgium

HOME PAGE: http://vpapakonstantinou.com

Paul De Hert

Free University of Brussels (VUB)- LSTS ( email )

Pleinlaan 2
Brussels, Brabant 1050
Belgium

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

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