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Proportionality in EU Digital Law: Balancing Conflicting Rights and Interests

Proportionality in EU Digital Law: Balancing Conflicting Rights and Interests

Name: Proportionality in EU Digital Law: Balancing Conflicting Rights and Interests
Brand: Hart Publishing
SKU: 9781509974559
Price: 567.32 HKD
Availability: InStock
Author: Jan Czarnocki; Przemyslaw Palka
ISBN: 9781509974559

Edited by Jan Czarnocki · Przemyslaw Palka

Hart Publishing February 2026

Specifications

ISBN-13: 9781509974559
Publisher: Hart Publishing
Publication: February 2026
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

Details

This book addresses the interplay between the proportionality principle and EU digital law.

Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests.

The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas.

Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.

Foreword

Wojciech Wiewiórowski (European Data Protection Supervisor, Poland)

1. Introduction

Jan Czarnocki (KU Leuven, Belgium), Przemyslaw Palka (Jagiellonian University, Poland)

2. The Origins of Proportionality and Balancing in the Jurisprudence of the European Court of Human Rights

Bart van der Sloot (Tilburg University, the Netherlands)

3. Proportionality in Modern Regulatory States Confused about Priorities. Judges Like, but do not Comply with Academic Doctrines

Paul De Hert (Tilburg University, the Netherlands)

4. Proportionality of Goals or Means? The Politics of Data Governance in the Shade of Constitutional Norms

Przemyslaw Palka (Jagiellonian University, Poland)

5. Between Rights, Interests and Risk - The Role of the Proportionality Balancing in EU Digital Law

Jan Czarnocki (KU Leuven, Belgium)

6. Proportionality in the Proposed Artificial Intelligence Liability Directive and the Revised Product Liability Directive

Li Shu (Erasmus University Rotterdam, the Netherlands)

7. The Principle of Proportionality in Relations between Users and Providers of Digital Services

Aleksandra Gliszczynska-Grabias (Polish Academy of Sciences), Michal Jablonski (University of Warsaw, Poland) and Krzysztof Kozminski (University of Warsaw, Poland)

8. Regulating AdTech: Chasing Chimeras or the Art of the Possible?

Vasileios Michail Karkatzounis (University of Aegean, Greece), Apostolos Vorras (University of Aegean, Greece) and Lilian Mitrou (University of Aegean, Greece)

9. The Data Act and the Balance of Interests between Device Purchases and Manufacturers

Bohdan Widla (Jagiellonian University, Poland)

10. A Balancing Exercise: Applying the Principle of Proportionality to Determine the Effect of Withdrawal of Consent for Processing Personal Data in Biomedical Research

Marcu Florea (University of Groningen, the Netherlands) and Jeanne Mifsud Bonnici (University of Groningen, the Netherlands)

11. Proportionality and Civil Law Policy in Copyright: Criticism of Necessity Standard as Applied in CJEU Case Poland v Parliament and Council (C-401/19)

Konrad Gliscinski (Jagiellonian University, Poland)

12. EU Digital COVID Certificate Regulation: A Retrospective Analysis on Proportionality and Data Protection

Fatma Sümerya Dogan (Jagiellonian University, Poland) and Paul De Hert (Tilburg University, the Netherlands)

13. Is Prohibiting Targeted Ads for Minors under Digital Services Act Proportionate? The Need for a Child-rights-based Approach to Protecting Children's Personal Data Online

Mateusz Kupiec (Polish Academy of Sciences)

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