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

Author: Pieter Van Cleynenbreugel; Ljupcho Grozdanovski
Publisher: Edward Elgar Publishing
ISBN: 9781035338672

Published In: November 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Preface viii

PART I FRAMING THE CONCEPT OF FAIRNESS IN EU DIGITAL LEGISLATION

Philosophical and theoretical foundations of the rationale of fairness in the EU’s digital legislation 2

Ljupcho Grozdanovski

Fairness in EU digital regulation: a reflective equilibrium approach 30

Johan Rochel

PART II STANDARDS OF FAIRNESS IN EU DIGITAL LEGISLATION

Fairness in the Digital Markets Act 62

Juliane K. Mendelsohn

The notion of fairness in the Data Governance Act and the Data Act 91

Laura Drechsler and Charlotte Ducuing

Fairness and the Digital Services Act 129