PRAVNI ZAPISI • Year XI • No. 1 • pp. 93-120
NEW DIRECTIONS IN EU DIGITAL REGULATION POST-2015: REGULATING DISRUPTION
Prof. dr Andrej Savin
Professor with Special Responsibilities, Director of CBS Law, Copenhagen
e-mail: as.law@cbs.dk
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Pravni zapisi, No. 1/2020, pp. 93-120
Original Scientific Article
KEY WORDS
EU law, disruption, Digital Single Market, information society services, IT Law, cyberlaw, platform regulation
ABSTRACT
This paper explores the gradual change of direction in the European digital policy on the content layer that took place after the introduction of the 2015 Digital Single Market Strategy. It argues that, while the main objectives of the pre 2015 policy have been the promotion and facilitation of the free movement of digital services through liberalization, the post-2015 digital strategy changes direction to the defense against real and imagined threats and downplays the liberalizing credo it was originally based on. The first part outlines the objectives of the EU digital policy pre-2015 and argues that low-key regulatory intervention in information society services and robust intermediary liability regime are its cornerstones. The second part explores the main regulatory methods post-2015: the emergence of platforms, new types of rules and new regulatory principles. The final section gives a critical overview and explains why the current approach is inadequate for the future.