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The changing shape of EU Private Law in response to digital innovation

Capítulo publicado en: El mercado digital en la Unión Europea

The changing shape of EU Private Law in response to digital innovation

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For a functioning market economy, private law has to provide a general framework and efficient tools. The realisation of a connected Digital Single Market is one of the ten priorities of the European Commission, which aims to react appropriately to the challenges of the digital revolution in order to use this opportunity for economic growth. In the framework of its Digital Single Market Strategy, the EU announced and (so far partially) laid down a set of measures aiming to create better access to digital goods and services across Europe for both consumers and businesses, as the absence of consistent EU-wide criteria creates barriers to entrance, hinders competition and reduces predictability for investors throughout Europe.

I. The impact of digital technology on private law.

II. Information as a tradeable commodity and the new instruments to protect it.

III. The regulation of the collaborative economy and the “identity crisis” of online platforms.

IV. The regulation of cost traps in the digital single market.

V. Concluding remarks.

VI. Bibliography.