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The article analyzes the overall digital transformation of the Slovak Republic. Particular attention is paid to the Digital Economy and Society Index, which provides a constructive comparison of Slovakia's performance with other EU member states in a wide range of sectors. It is used to track the progress and level of development of the digital economy and society in the following areas: digital skills and education, digital infrastructure development, digital business transformation, and digitization of public services. In addition to the direct analysis of these four areas, we have separately highlighted the problems of personal data protection in the context of global digitalization and the new challenges associated with it, which should be addressed on the basis of the principle of technological neutrality. This area should be protected by legal acts that can actually guarantee the observance of fundamental rights and freedoms. Currently, Slovakia continues to pursue a digital transformation strategy until 2030, which includes, among other things, the integration of innovative technologies in enterprises, including cloud and edge computing, blockchain, and artificial intelligence. However, despite the active development of the digital economy, the country continues to occupy low positions in EU rankings, as it lags behind the EU average in all key criteria. We have analyzed the key factors that determine this situation: the lack of a unified vision of digital transformation and a single integrated approach; for enterprises that integrate digital technologies, the constant administrative burden, low awareness of financing opportunities and financial instruments, low investment in gigabit connectivity, low mathematical literacy of students and brain drain, the country does not properly monitor the implementation of the policies described in Slovakia's Digital Transformation Strategy until 2030, etc. [ABSTRACT FROM AUTHOR]

The 2019 Directive on Copyright in the Digital Single Market represents an intriguing departure from the anticipated path of liberalisation in public policy. While it includes provisions seemingly aligned with the liberalisation of the Digital Single Market by relaxing digital copyright enforcement, it also introduces mechanisms that bolster digital copyright protection, signalling a shift towards market regulation. This paper explores why and how Jean-Claude Juncker's European Commission proposed a directive featuring robust regulatory elements despite initial promises of copyright deregulation within the Digital Single Market. Combining insights from political economy and political sociology, I examine the concept of 'political work' as the practice of promoting, defending, and implementing a choice of public action. Within this framework, I identify a managerial dimension of political work involving political practices that influence the institutional structure and management of public action. Utilising a qualitative methodology involving twelve in-depth interviews with Commission officials conducted between 2018 and 2021, alongside document analysis, I demonstrate how Jean-Claude Juncker and his cabinet's managerial political work, encompassing organisational reforms within the Commission, played a pivotal role in steering the proposed policy towards regulation. [ABSTRACT FROM AUTHOR]

How was the European Union's privacy regime built? Drawing on regime theory and carrying out qualitative document analysis, we present the evolution of the privacy regime across the three decades from the 1995 European Data Protection Directive to the 2016 General Data Protection Regulation, the 2022 Data Governance Act and finally the 2022 Digital Markets package. Our analysis focuses on the European Commission and suggests that the privacy regime emerged out of the seemingly conflicting interplay between the (digital) single market whose power draws on the network effects of expanding data resources and concerns for personal privacy that seek limiting data gathering itself. Contrary to expectations, potential tensions between competition law and consumer protection have not hindered or decelerated the formation of the regulatory regime. In fact, these tensions have proven to be surprisingly productive. [ABSTRACT FROM AUTHOR]

The article offers a comprehensive analysis of the Digital Single Market Directive of the European Union, with a specific emphasis on Article 17. The Directive aims to achieve the objectives of unifying copyright laws throughout the European Union while striking a balance between the interests of copyright owners and the rights of internet users. An in-depth analysis is conducted on the intricacies of implementing Article 17, its ramifications on fundamental rights, and its influence on the digital economy in Europe. The study also examines the various approaches used to implement the Directive in European Union member states and the legal debates it has sparked, therefore enhancing the comprehension of the digital copyright framework in the European Union. [ABSTRACT FROM AUTHOR]

The document examines challenges and innovations in telecommunications law, focusing on the European context. It highlights the importance of asymmetric regulation and ex ante identification of enterprises with substantial market power. The 2018 European Electronic Communications Code introduces pivotal changes, including co-investment agreements (Art. 76), aiming to foster cost and risk sharing among operators, benefiting smaller enterprises. Such agreements respond to the need for sustainable competition. Art. 72 introduces a new obligation: access to civil engineering infrastructures. This obligation can extend beyond the traditional market if necessary and proportionate to achieve competition and unhindered access objectives. The document emphasizes the regulations' efforts to balance the interests of economic operators and consumers, promoting competition and innovation in the telecommunications sector. [ABSTRACT FROM AUTHOR]

The Digital Europe Program (DIGITAL) is a European Union program aimed at accelerating the continent's digital transformation, increasing global digital competitiveness, and establishing technological sovereignty. It focuses on vital digital technologies such as HPC, broadband Internet access, Artificial Intelligence (AI), cloud services, cyber security, the digital single market, and advanced digital competencies. DIGITAL is regarded as critical for Europe's strategic autonomy in the digital sphere, and it is more than a project; it represents a massive transition that initiates socioeconomic change. The program develops a European data economy and a digital single market, influencing the EU's socioeconomic dynamics. The achievement of technical sovereignty is dependent on exemplary implementation, finance, and management initiatives.

The Digital Markets Act (DMA) aims at promoting contestable and fair markets for core platform services by setting out obligations for designated gatekeepers. As the DMA does not clearly define these objectives, it comes into conflict with national legislation with overlapping objectives. This may include unfair competition laws and sector-specific regulation. Article 1(5) DMA addresses this conflict by stipulating that Member States may not impose further obligations on gatekeepers for the purpose of ensuring contestable and fair markets. The effect this has is that national provisions vis-à-vis gatekeepers may not be applicable anymore, and competences are centralized on the European level more broadly than potentially envisaged by the European legislature. This centralization of competences runs the risk of inadvertently privileging gatekeepers by blocking national laws that are, however, still applicable to small and medium-sized enterprises (SMEs) and other firms competing with gatekeepers. This article suggests solutions to mitigate such a risk. [ABSTRACT FROM AUTHOR]

In this article, we show how the European Union styles itself as the sole political actor able to effectively protect its citizens from the threats engendered by new technologies while balancing the relations between digital markets and the member states through ground-breaking regulations. To this end, we trace manifestations of this approach within the proposed Artificial Intelligence Act. We argue that the Act, while evoking the value of fundamental rights protection, does not support genuine emancipation of citizens in the digital world, as it hands over the issue of protection to expert bodies and institutions. The European Union's unique approach to regulation of the digital economy does not reflect the triple movement postulated in Nancy Fraser's critique of Karl Polanyi's double movement as it does not include solutions that would allow the societal actors to enforce their rights concerning artificial intelligence. Thus, the Act serves mostly as a tool to build the European Union's political position. [ABSTRACT FROM AUTHOR]

This article takes a comprehensive look at the integration of mobile roaming, WiFi4EU and the smart city concept within the European Union in the context of sustainability. These initiatives form key elements of the digital development and transformation of European cities. Starting with a brief look at the functioning of the European Union's internal market, the article briefly analyzes the objectives of these projects, highlighting their interplay and benefits for citizens. It focuses on the development of smart cities and the importance of digital connectivity in the process of building smart cities. It discusses the WiFi4EU initiative, which provides funding for free public WiFi networks and promotes digital inclusion. It also looks at the core pillars of smart cities, including digital connectivity, efficient transport, environmental protection, innovation and citizen participation. The article discusses the challenges associated with this integration, such as ensuring interoperability of different technological solutions and data privacy. It also highlights the importance of cooperation between city authorities, local communities and European institutions to achieve successful digital urban development. The research emphasizes the economic sustainability implications of these integrated technologies, considering the potential for innovation, job creation and economic growth within the digital and tech sectors. The main method used in the writing process was the analysis method, which was complemented by the comparison and synthesis methods. The final discussion assesses the benefits and challenges that this integration brings for the development of cities and the improvement of the quality of life of citizens. By critically examining the convergence of mobile roaming, WiFi4EU and smart cities in the European Union, this study aims to provide insights into the transformative potential of sustainable connectivity. The findings contribute to ongoing discussions on urban development strategies, emphasizing the need for a holistic approach that addresses both technological advancements and the imperative of sustainable practices for the benefit of current and future generations. [ABSTRACT FROM AUTHOR]

The development of a data-driven digital economy in the EU is based on data-sharing. However, the current scenario is marked by fragmented data silos and big tech dominance, hindering data interoperability in the Digital Single Market. Regulatory efforts have begun addressing this by reducing platform data control and enhancing user empowerment, promoting data portability rights in different legal instruments. Nevertheless, a unified data-sharing infrastructure is essential for the efficacy of these measures. Data spaces are anticipated to provide the needed technical framework, supported by emerging legal regulations to ensure free information movement through this infrastructure. This development raises the question of whether a new EU fundamental freedom is being established, specifically for data. The existing four freedoms – movement of goods, capital, services and people – have been instrumental in shaping the Digital Single Market. However, the progression of societal digitalisation might necessitate a distinct data-centric freedom. This article examines whether the EU’s strategies and regulations are evolving towards a fifth fundamental freedom for data, potentially acting as a cohesive force for various data-related initiatives. [ABSTRACT FROM AUTHOR]

The EU does not suffer from a lack of ambition on digital policy. From 'strategic autonomy' to 'technological sovereignty', European leaders like to portray the EU as a geopolitical heavyweight on digital. In practice, however, the European digital single market continues to be exposed to many of the fundamental challenges that have plagued it since its inception. The ongoing European effort to draft the global rulebook on tech regulation remains a laudable endeavour, but this has contributed little to boosting the competitiveness of the European digital sector. Many European tech companies still struggle to offer their services outside of national borders and expand their reach to a genuinely European customer base. The EU must tackle inconsistent regulations, close infrastructure gaps, promote investment, and facilitate secure, yet speedy data flows. These issues are integral to helping to turn the digital single market into a tech hub for global business. This article puts forward a number of policy proposals for upgrading the European digital agenda as one of the main conduits for ensuring European economic growth and improved global standing. [ABSTRACT FROM AUTHOR]

Copyright of Pro Publico Bono - Magyar Közigazgatas is the property of National University of Public Service and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose: The European Union is setting increasingly ambitious objectives for digitization, aiming to be a global leader. This involves assessing the level of digitization among EU member states and identifying the key challenges facing the EU, given the priorities established. Design/methodology/approach: An analysis of the level of digitization in EU countries was conducted using secondary data collected by the European Commission as part of its monitoring of digital policy with the Digital Economy and Society Index (DESI). This analysis included a descriptive evaluation of the overall index and its sub-indices. In addition, EU countries were grouped by similar levels of digital development through cluster analysis using Ward's method. Findings: The level of digitization within the EU is high. The leaders in the overall DESI ranking include Finland, Denmark and the Netherlands. However, the countries least advanced in developing a digital economy are Romania, Bulgaria and Greece. The study's results reveal clear geographical differences. The gap between the leading country and the one in the lowest position is significant. While all countries are advancing in the four dimensions monitoring digital transformation, the distance to the 2030 goals is still significant, even among the digitization leaders. A key area of challenge includes human capital with insufficient digital skills, as well as the digital transformation of SMEs. A hierarchical clustering search for similarities between countries showed that the clusters formed depend somewhat on their place in the DESI ranking. Countries with low levels of digitization, such as Romania and Bulgaria, have the strongest clustering. Leaders in the development of the digital economy also exhibit strong clustering. Research limitations/implications: By its very nature, this article has limitations, primarily arising from the complexity of the subject matter discussed and the restricted number of research methods utilized. These limitations are also due to changes in the DESI methodology, which complicates reference to statistics that have not been updated. In planning future research activities, a significant and intriguing direction will involve a detailed study of the dimensions of the DESI index. Practical implications: The digital transformation impacts citizens and businesses across all EU countries. This understanding lends cognitive value to the current progression of the EU's digital transformation, indicating key challenges in this field. Originality/value: This article employs an original DESI descriptive analysis approach, enriched by an examination of similarities between member states. [ABSTRACT FROM AUTHOR]

Copyright of Yearbook of Antitrust & Regulatory Studies is the property of University of Warsaw and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Covid-19 pandemic was the breaking-even point for many of the EU’s orientations. One of them, was the digital agenda of the Union. Deeply inside the mind of the EU’s stakeholders, the transformation of single market, into a digitalized one, was the first step. Despite the ambitious perspective of that incentive, the truth lies elsewhere; In order to digitalize the traditionally lucrative single market, huge effort is required, adequate capitals and on the top of all, the member-states socio-political consent. It is neither an easy nor an ultra-difficult step for the European Union. The proper synergies of supranational and national level will maximize EU’s efficiency and optimality. In that paper, the evolution of Digital Single Market and the right path to achieve that target is being analyzed as thoroughly as possible. [ABSTRACT FROM AUTHOR]

The Digital Markets Act (DMA), an EU Regulation establishing obligations for gatekeeper platforms in order to protect fairness and contestability in digital markets, will soon start to apply. In addition to the DMA, other (EU and national) instruments regulate platform conduct. Though the DMA explicitly provides that it will apply without prejudice to those other instruments, it is doubted whether it will merely complement them. In certain cases, the DMA may qualify as lex specialis, thereby prevailing over other regulations. In other cases, based on the principle of supremacy, the DMA may override national instruments that pursue legitimate interests other than fairness and contestability. There may also be occasions where the DMA may render certain tools devoid of purpose when this was not the intention of the legislator. In all the above cases, the DMA would not complement (but could possibly endanger) the effectiveness of the existing regime. Given the avalanche of legislative proposals for platforms, addressing potential conflicts between the DMA and other rules is essential to protect legal certainty and to ensure that the regulatory regime that governs harmful platform conduct reaches its full potential. [ABSTRACT FROM AUTHOR]

Polarization of the society is nowadays easier than ever due to the strong influence of social media. Opaque algorithms personalize news feed of users through massive data processing and thus creating effects that are fueling extremization of opinions. Negative effects of social media can be used by third parties to influence society to achieve their goals, however antidemocratic. Digital Markets Act and Digital Services Act aim to regulate Digital Single Market through fair competition and consumer protection regulation. This regulation can have significant impact on the democratic deficit of the European Union as it has potential to eradicate analyzed negative effects of social media on the polarization of society. [ABSTRACT FROM AUTHOR]

With digital ecosystems being questioned around the world, this paper examines the EU’s role in and contribution to the emerging concept of artificial intelligence (AI) governance. Seen by the EU as the key ingredient for innovation, the adoption of AI systems has altered our understanding of governance. Framing AI as an autonomous digital technology embedded in social structures, this paper argues that EU citizens' trust in AI can be increased if the innovation it entails is grounded in a fundamental rights-based approach. This is assessed based on the work of the High-Level Expert Group on AI (which has developed a framework for trustworthy AI) and the European Commission’s recently approved proposal for an Artificial Intelligence Act (taking a risk-based approach).

While humanity has been under the pressure of successive and partially interconnected shocks generated by pandemic, war and inflation, in a geopolitical and geoeconomic context perhaps the most complex in recent decades, the multifaceted fields of artificial intelligence (AI) have seized economic and social life at a very rapid pace. We are going through the so-called "Fourth Industrial Revolution", or are we already talking about a "(r)evolution of AI", which is shaping its supremacy through interdisciplinary and cuttingedge technological advances such as robotics, nanotechnology, biotechnology, quantum computing, fifth generation (5G) wireless technologies, 3D printing, fully autonomous vehicles or the industrial internet of things, with human-machine interaction becoming ever more complex and profound. Here we step into the "wonderful new world" in which the start was made in the global "race" for supremacy in the field of Artificial Intelligence. Moreover, this global competition is due to the enormous economic value and technological capabilities accumulated in the economies that have allocated a lot of resources for the research and development of AI applications, estimating that by 2030, artificial intelligence would bring 11,000 billion euros to the global economy. In an era of artificial intelligence, we face more and more questions and perhaps few answers. We all ask ourselves what will be the effects on the structure and functionality of society, how much will human rights be affected and how do we manage to prevent this? Is there a right of AI or not? Will robots replace or judge us? Will we dehumanize, expecting more from robots and less from humans? Will AI change the way we humans work, learn, travel, live? How will the digital revolution change the legal world? In a timid attempt to search for and outline answers in this maze of questions, we propose that through our research we explore the advantages and disadvantages of AI, the determining technology of the future, touching, on the one hand, the regulatory area, respectively the legal framework outlined at international, but also Union and national level, especially the protection of human rights and equality, and on the other hand, the ethics of artificial intelligence, a critical subject for the whole world. At the same time, our research aims to index the main initiatives, actions and achievements in the field of artificial intelligence, by reference to the official strategies of the member states and beyond, taking into account the long-term development plans and the strategic and political vision in priority areas such as ethics and security. Efforts to regulate artificial intelligence have increased lately, on the agenda of the legislators in Brussels today being the AI Regulation (Artificial Intelligence Act), but also a directive on AI liability, thus crystallizing a new institutional architecture of AI regulation in Romania, but also in the other EU member states, through the need to harmonize the domestic legislation with the acquis communautaire. Thus, on May 11, the Internal Market and the Civil Liberties Committee of the European Parliament approved, with 84 votes in favor, 7 against and 12 abstentions, a first draft of a Law on artificial intelligence, being perhaps the first "bold" step for the EU regulation of artificial intelligence systems, with the draft to be submitted to the plenary of Parliament in June 2023. Given that currently the regulation of artificial intelligence is at a very low level, these rules will become the first binding "legal construction" in the world in terms of artificial intelligence, the European Union legislator aiming to ensure safe, transparent, non-discriminatory and environmentally friendly AI systems that can be kept under control by humans, avoiding the gradual and imperceptible "suffocation" of people's rights and freedoms by "shaping" the global consciousness. The capitalization of the opportunities generated by artificial intelligence can represent a pivotal point for the economic, but also social and cultural development of Romania, given that we already recognize the profound and dynamic impact on human lives, on the environment, ecosystems, on education, culture, information communication, including on the human mind. Living among digital assistants (Siri, Alexa, Cortana), autonomous cars, smart cameras with facial recognition or intelligent systems capable of making predictions on future behaviors, we must admit that, in the year 2023, artificial intelligence is a reality, perhaps even a necessity and a way of life installed subtly and imperceptibly in our consciousness and in our behaviour. The future is already here because AI is bringing it faster than we thought, our central objective being the awareness of the need to adapt to the new normal, on the one hand, and on the other, that of promoting a human-centered artificial intelligence, by shaping a stable and transparent legal framework. We are stepping timidly, but without a way back, into a new legal "realm" open to reflection and practical applications of the most innovative, in which the challenges are proportionate to the stakes created and asserted, artificial intelligence and robotics having enormous potential in human evolution and in improving all areas of human activity, like the great technological revolutions created by man over time. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Constitutional History / Giornale di Storia Costituzionale is the property of Giornale di Storia Costituzionale (Journal of Constitutional History) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The digitalization of the society, which has been going on for many years is considered as a natural process. We are part of processes that change ourselves and based on that change the essence of the functioning of our society every day. Many times we don’t even think about the consequences of our activity in the online environment - how we declassify our working and private spheres. Many times we do not even ask what is the fate of our data that we provide on the Internet and what kind of interference in our privacy can cause e.g. simple chatting on a social network. Our simply behaviour can extend to the violation of the protection of our basic rights and freedoms. The more serious is the situation when the above happens without our cause and knowledge, when Big Tech entities whose task is to “monitor” us for various reasons and our data are then passed on to other entities for a commercial purposes. Precisely for the reasons mentioned, it is very important to have these spheres protected by legal acts, adopted in compliance with the principle of technological neutrality, which are completed by court jurisprudence and which can guarantee us the observance of our fundamental rights and freedoms. The task of this article will be to analyse the ongoing digitalization and related legislative activity aimed at protecting the basic rights and freedoms of the individual, especially the protection of personal data of individuals and their privacy in the online environment. [ABSTRACT FROM AUTHOR]

With digital ecosystems being questioned around the world, this paper examines the EU's role in and contribution to the emerging concept of artificial intelligence (AI) governance. Seen by the EU as the key ingredient for innovation, the adoption of AI systems has altered our understanding of governance. Framing AI as an autonomous digital technology embedded in social structures, this paper argues that EU citizens' trust in AI can be increased if the innovation it entails is grounded in a fundamental rights-based approach. This is assessed based on the work of the High-Level Expert Group on AI (which has developed a framework for trustworthy AI) and the European Commission's recently approved proposal for an Artificial Intelligence Act (taking a risk-based approach). [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research investigates the determinants of European governments' bargaining success in negotiations related to the EU's Digital Single Market (DSM). Investigating the making process of the recent Geoblocking Regulation and the Directive establishing the Electronic Communications Code, this article shows how member states' capabilities to form coalitions at the EU level can be dependent upon their resources in Brussels and the efficiency of their coordination processes, translating in turn into asymmetries of influence. Drawing on interviews with national negotiators and EU officials, these two case studies indicate configurations in which states' varying capabilities to liaise with EU institutions may partly determine their bargaining success in the adoption process of EU digital policies. This research confirms in particular that informal coordination mechanisms mobilised by the most digitally advanced countries of the EU can grant them significant influence over the shaping process of DSM legislations. [ABSTRACT FROM AUTHOR]

The aim of the study is twofold. Firstly, it is believed to be the first study of its kind to explore the interconnectivity of the current stage of the EU’s Digital Single Market (DSM)3 (European Commission, 2015c) and its development prospects within the framework of the EU and its Member States’ SD approach. Secondly, it provides further evidence for the policy debate on the essential priorities of DSM deemed to be a stimulus to the future SD of the EU. It is an attempt to fill the existing gap in research conducted so far on SD and its correlation with the building process of the digital market in the EU. The task is to present by using the method of synthesis and deduction, the essence and milieu of the contemporary processes of building the DSM in the EU in the context of its potential influence for the SD of the EU and its Member States. Due to the interdisciplinary and complexity of the data analyses, mixed research methods were used to integrate quantitative and qualitative analyses and results.

COVID-19 is regarded as a major driver for digital transformation of our society and potentially as a boost for further digital single market integration. From the current perspective, pandemics cannot be avoided, but fully enabled digital societies will be better prepared to cope with them in future. This will, however, require reliable digital infrastructures to be put in place and further developed. Member States of the European Union and the European Commission have worked for more than 30 years to realise a European Digital Single Market. One key element in this development has been the so-called 'Large-Scale Piloting' (LSP) approach. This paper will focus on implementation of the 'Once-Only Principle' Pilot (TOOP) as part of LSP and the adjoint Single Digital Gateway Regulation (SDGR). This paper will examine whether, and how these initiatives can foster further integration into a digital single market. [ABSTRACT FROM AUTHOR]

Although the EU competition regime is well-established and highly effective, EU policy actors may still need to rethink their tried and tested approach to competition regulation. This is what happened in the context of the European Commission's planned regulation of online platforms, embodied (in part) within the Digital Markets Act. This article reviews the interplay of the EU's competition regime with its relatively new Digital Single Market strategy to ask how a traditional ex-post approach to competition regulation came to be supplemented by a (proposed) ex-ante regulatory approach. Informed by the literature on policy change, the article examines the policy context, the Commission's experience gained in dealing with competition cases, and the input of lobbyists, advocacy groups and experts, to explain this shift in Commission policy. [ABSTRACT FROM AUTHOR]

Copyright of Proceedings of Faculty of Economics Brcko / Bornik Radova Ekonomskog Fakulteta Brčko is the property of University of East Sarajevo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Numerous platform operators provide composite services comprising electronic and non-electronic elements, whose legal classification has been highly debated. This is partly explained by the fact that the EU law regime applicable to information society services (ISS) is far more favourable to businesses than that applicable to other types of services. The most recent case-law, however, has noticeably strengthened Member State regulatory prerogatives regarding ISS by, inter alia, giving a whole new meaning to the provisions of the E-commerce Directive. This twenty-year old legal act certainly needed reshuffling, but the Court's approach has created a high degree of uncertainty for Member States wishing to regulate ISS in compliance with their notification obligations. Further, the applicable legal framework fails to guarantee the freedom to provide composite platform economy services that classify as two independent services of offline and online nature. The present article presents the main takeaways from recent judgments and highlights the structural differences between the legal regime applicable to ISS and that applicable to other kind of services, as well as their shortcomings. [ABSTRACT FROM AUTHOR]

This paper examines the digital behaviour on one widely used instant messaging (IM) platform, namely WhatsApp, of young people in Romania, with a focus on the reasons for sharing information on the platform and dependency of using it. Within the broad framework of the digital single market, little is known about the motivations and behavioural patterns of young Europeans while using the increasingly popular IM platforms, nor is it clear whether country characteristics are relevant or not when evaluating the impact of such technological platforms on the life of young audiences. Rooted in the uses and gratifications perspective, this study uses media diaries (N = 229), filled in by young people in an ordinary day of the week and self-administered questionnaires in order to assess what might be the main gratifications that lead young and educated people to share information on WhatsApp and what makes them spend more time and be dependent on the platform on a daily basis. Main results show that the most frequent reasons why young Romanians use WhatsApp are social, professional, and instrumental. Moreover, the tendency to share content on the platform is higher for people who use it for instrumental and informative purposes. Dependency on the platform is significantly higher for young people who use it to fulfil affective needs (i.e., to express or receive affection or emotional support and avoid loneliness).

In the context of current pandemic crisis due, social distancing and quarantine measures were imposed by states due to the high risk of infection by going out of the house for buying the goods and services that are required. Naturally, there has been an increase in online acquisitions, use of online entertainment and online tools for professional purposes. This has increased the level of demand alongside the consumption in the online sector which forces the suppliers to become more inventive in order to sell their products and services and make them more accessible, price wise, in better meet the expectations. Unfortunately, this being a highly abrupt shift with no precedence, forcing the traders and providers in the online sector to cut corners in order to keep up and, as a consequence, may affect the consumers. All these being said, although we speak about unprecedented context, the European Union, over the last two decades, has enacted more directives and regulations in order to keep up with this market’s unique and high innovation rate with the goal to ensure the consumer’s protection. This papers analysis the evolution of the European Consumer Law starting with the minimum harmonisation approach and getting to new acts which try to fully harmonise the area for the attainment of a functional internal market, a Single Market which is, nowadays, pressured by the digital revolution and social distancing to change perspective, as customers are interacting with the business in different ways they did once and the digital content is becoming the main product or service to be supplied.

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 411-428 | European Forum Insight of 12 May 2020 | (Table of Contents) I. Introduction. - II. The applicable legal framework. - III. The Court's case law on composite platform economy services. - II.1. E-commerce platforms. - III.2. Ride-hailing platforms. - III.3. Short-term accommodation rental platforms. - II.4. Conclusion on the Court's case law. - IV. The policy implications. - IV.1. The shortcomings of the current legal framework. - IV.2. A way forward. | (Abstract) A number of platform economy services are composite insofar as they consist of an element provided by electronic means and another that is not provided by electronic means. Determining whether platforms provide only the online intermediation service or an overall service comprising the underlying physical service as well is instrumental in ascertaining which EU law provisions apply to these platforms. The aim of this Insight is to explore the legal classification of composite platform economy services and its policy implications, in order to propose a way forward at the moment when the Commission is drafting a proposal for a new Digital Services Act (DSA).