New ex ante regulations imposed on gatekeepers: the Digital Markets Act

When the European Commission announced the future Digital Services Act legislative package in June 2020, it referred to the adoption of new ex ante regulations imposing various obligations on digital players and a new competition instrument. The Digital Market Act presented on December 15, however, does not constitute a competition tool. Rather, it is a question of market regulation having ...

A new step in the regulation of online content: the proposed Digital Services Act

On December 15, the European Commission made public two regulatory proposals intended to significantly transform the legislative framework applicable to platforms. This new legislative package had been awaited for a long time: the President of the Commission had indeed announced it as soon as she took office (Ursula von der Leyden, Political Guidelines for 2019-2024, 2019) and ...

Towards the European data market: the Data Governance Act. Questions from the Club des Juristes.

On February 19, 2020, at the same time as the publication of its White Paper on Artificial Intelligence, the European Commission published its data strategy, the objective of which is to allow the creation of a single data market. In what context does the publication of the Data Governance Act take place? While the global volume of data ...

What to expect from the Digital Services Act? Our responses to the legal club.

The President of the European Commission, Ursula von der Leyden, called for the adoption of a new strategy relating to the digital economy. The “Digital Services Act” package is expected for December 15, 2020. Filippo Lancieri and I answered questions from the Club des Juristes on this point. Why is the European Union considering adopting new legislation on ...

How can data sovereignty be preserved after the Privacy Shield has been invalidated?

At a time when data are a strategic asset, their possible transfer to third countries where they may be subjected to less protective legal regimes constitutes a sovereignty issue. Moreover, if we see sovereignty as being first and foremost that of the people, then digital sovereignty is that of the network users, who must be…

"Big Data and the Law" was published

Here is an overview of the summary: Could algorithms replace judges? by Serge Abiteboul and Florence G'sell The modeling of compensation for bodily injury, by Anaïs Gayte-Papon de Lameigné, Pierrick Legrand and Jacques Lévy Véhel The end of rules and standards, by Anthony J. Casey and Anthony Niblett The decisions algorithms by Florence G'sell Some epistemological reflections ...

Is Amazon a distributor of products sold by third parties on its marketplace? American judges are changing.

In 2018, the American Confidence Poll conducted by the Knight Foundation and the Baker Center for Leadership & Governance at Georgetown University found that Amazon is the second most trusted organization among American citizens, just after the military. and just ahead… Google. Amazon even ranks first among the organizations inspiring the ...

Predicting courts' decisions is lawful in France and will remain so

Over the past few days, several media articles have reported that France decided to ban the application of data analytics to French courts' decisions (M. Livermore and D. Rockmore, “France Kicks Data Scientists Out of Its Courts”, Slate, June 21 , 2019). It has even been asserted that this measure would be part of a governmental strategy generally…

“Legal Challenges of the Data Economy”: videos of the presentations

The presentations at the “Legal Challenges of the Data Economy” conference held at the Collège des Bernardins on March 22 are now online on the University of Chicago's YouTube channel. You can view them by clicking on the title of each intervention. Welcome remarks: Hubert du Mesnil, Director of Collège des Bernardins,…

Feedback on the conference "Legal Challenges of the Data Economy"

While waiting for all the videos of the “Legal Challenges of the Data Economy” conference held on March 22 at the Bernardins, here are several interviews with the speakers! “Discrimination by Algorithm and People” - Sendhil Mullainathan, Professor of Behavioral and Computational Science, University of Chicago Booth School of Business “Personalization of the Law” - Ariel Porat, Professor of Law, Tel-Aviv University…

Interdisciplinary Workshop on Blockchains: the videos are online

On July 2, 2018, an interdisciplinary study day on Blockchains was held at the Ecole Normale Supérieure, which brought together computer scientists, economists, lawyers, entrepreneurs, lawyers and representatives of the State. This event was organized by Vincent DANOS (CNRS, INRIA, ENS), Alexis COLLOMB (CNAM, ILB), Primavera from FILIPPI (CNRS, Berkman Center) and myself. The videos of this day are ...

Do we really need a law against fake news?

“Congratulations, Emmanuel Macron. Congratulations to French people for choosing Liberty, Equality and Fraternity over tyranny of fake news ”tweeted, on the evening of May 7, 2017, Donald Tusk, President of the European Council. It is true that the French electoral campaign was the unprecedented theater of attempts at destabilization and massive dissemination of inaccurate information, in the ...

How to legally treat decentralization? Blockchain ordinances and Lex Cryptographia.

In a post entitled “The Meaning of Decentralization”, the founder of Ethereum, Vitalik Buterin, distinguishes three modalities of decentralization of computer systems: the decentralization of the architecture, which depends on the number of computers constituting the system, the political decentralization, which depends on the number of individuals or organizations controlling the computers constituting the system logical decentralization, which depends on ...