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The EU’s Digital Package: Striking a Balance for Fundamental Rights in the DSA and DMA Regulations

Engel, Annegret LU and Groussot, Xavier LU (2025) In Swedish Studies in European Law 19.
Abstract
This paper discusses the role of fundamental rights in the EU’s legislation on digitalisation, with a particular focus on the proposed Digital Services Act (DSA) and the Digital Markets Act (DMA). As the EU Charter of Fundamental Rights is receiving an increasingly prominent role in regulating the digital sphere in order to rectify the increasing challenges of a ‘wild West’ internet, the constitutional principles of digital transparency and digital sovereignty form an integral part of this development. However, as will be shown, these principles do not go unchallenged and conflicts occur even at the same level with other fundamental rights which requires a balance to be struck by the legislator in order to avoid lengthy litigation. This... (More)
This paper discusses the role of fundamental rights in the EU’s legislation on digitalisation, with a particular focus on the proposed Digital Services Act (DSA) and the Digital Markets Act (DMA). As the EU Charter of Fundamental Rights is receiving an increasingly prominent role in regulating the digital sphere in order to rectify the increasing challenges of a ‘wild West’ internet, the constitutional principles of digital transparency and digital sovereignty form an integral part of this development. However, as will be shown, these principles do not go unchallenged and conflicts occur even at the same level with other fundamental rights which requires a balance to be struck by the legislator in order to avoid lengthy litigation. This paper argues that despite the EU’s greater emphasis on fundamental rights in the recent legislative proposals on digitalisation and its manifestation as a global actor in this field, striking the right balance remains a work in progress. (Less)
Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
host publication
EU Law in the Digital Age
series title
Swedish Studies in European Law
editor
Bergström, Maria and Mitsilegas, Valsamis
volume
19
publisher
Hart Publishing Ltd
ISBN
9781509981182
language
English
LU publication?
yes
id
4a8eb403-19d4-47ae-b015-50cba4f6b5e1
date added to LUP
2024-11-11 12:08:04
date last changed
2024-11-12 09:27:38
@inbook{4a8eb403-19d4-47ae-b015-50cba4f6b5e1,
  abstract     = {{This paper discusses the role of fundamental rights in the EU’s legislation on digitalisation, with a particular focus on the proposed Digital Services Act (DSA) and the Digital Markets Act (DMA). As the EU Charter of Fundamental Rights is receiving an increasingly prominent role in regulating the digital sphere in order to rectify the increasing challenges of a ‘wild West’ internet, the constitutional principles of digital transparency and digital sovereignty form an integral part of this development. However, as will be shown, these principles do not go unchallenged and conflicts occur even at the same level with other fundamental rights which requires a balance to be struck by the legislator in order to avoid lengthy litigation. This paper argues that despite the EU’s greater emphasis on fundamental rights in the recent legislative proposals on digitalisation and its manifestation as a global actor in this field, striking the right balance remains a work in progress.}},
  author       = {{Engel, Annegret and Groussot, Xavier}},
  booktitle    = {{EU Law in the Digital Age}},
  editor       = {{Bergström, Maria and Mitsilegas, Valsamis}},
  isbn         = {{9781509981182}},
  language     = {{eng}},
  publisher    = {{Hart Publishing Ltd}},
  series       = {{Swedish Studies in European Law}},
  title        = {{The EU’s Digital Package: Striking a Balance for Fundamental Rights in the DSA and DMA Regulations}},
  volume       = {{19}},
  year         = {{2025}},
}