Data di Pubblicazione:
2023
Citazione:
Private international law as a means to project EU digital values abroad / E. Benvenuti (EU AND COMPARATIVE LAW ISSUES AND CHALLENGES SERIES). - In: Law in the Age of Modern Technologies / [a cura di] K. Trimmings, F. C. Villata, M. Župan. - [s.l] : Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023 Nov 07. - ISBN 978-953-8109-56-0. - pp. 227-266 (( convegno International Scientific Conference on International, EU and Comparative Law Issues [10.25234/eclic/28266].
Abstract:
In light of the pivotal role that new technologies play for the achievement of policy objectives,
and considering their ability to negatively affect rights and freedoms in a ubiquitous manner,
EU law is adopting a number of instruments to regulate those matters that are particularly
influenced by digitalisation. Such instruments include substantive rules applicable to several
online activities. This legislation aims at establishing an environment where digital interac-
tions take place in accordance with fundamental rights, whose protection is enshrined within
EU primary law, as well as to ensure the proper functioning of the internal market. Given the
ubiquitous nature of digital technologies, and in order for these rules to be effective, their scope
of application is designed to also include cases that may be strongly related to Third States. In
this way, the EU aims at strengthening its digital sovereignty by creating a strong digital single
market, and by guaranteeing the protection of European users, whose rights should benefit from
the protection of EU substantive law even when digital activities take place abroad.Although the EU has a strong interest in ensuring a broad application of its substantive rules,
the possibility for EU law to be concretely applicable abroad depends – in the first place – on
the existence of jurisdictional rules specifically designed to apply to disputes that may involve
parties from Third States. Nonetheless, while some of the instruments adopted in this area
ensure the application of substantive rules by providing for specific grounds of jurisdiction, liti-
gation in these matters will normally fall within the scope of Regulation (EU) n. 1215/2012,
whose rules apply – in general – only when the defendant has her/his domicile in the Union.
In light of these considerations, the paper will assess the coherence between the broad scope of
some of the instruments that the EU has adopted (or is going to adopt) in fields strongly affected
by digitalisation – such as the GDPR, as well as other EU’s initiatives pertaining to Artificial EU AND COMPARATIVE LAW ISSUES AND CHALLENGES SERIES (ECLIC 7 - SPECIAL ISSUE)228
Intelligence and to digital platforms – and Regulation (EU) n. 1215/2012, in order to evalu-
ate the ability of the latter to support the application of EU digital standards world-wide.
Tipologia IRIS:
03 - Contributo in volume
Keywords:
Digitalisation; online infringement; personality rights; private international law; jurisdiction; Third States
Elenco autori:
E. Benvenuti
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Link al Full Text:
Titolo del libro:
Law in the Age of Modern Technologies
Progetto: