The Risk of Discrimination in the Digital Market: From the Digital Services Act to the Future (SpringerBriefs in Law)

The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices. Contents 1 Introduction 1.1 European Union’s Digital Single Market Strategy and Digital Services Act 1.2 Non-discrimination in Digital Service Intermediation References 2 Digital Services Act and Non-discriminatory Digital Transformation 2.1 Digital Services Act and Non-discrimination: Premise 2.2 Continuity with the Past and Novelty of the Digital Services Act 2.3 Illegal Content and Discriminatory Content 2.4 Right to Non-discrimination and Notice and Takedown Mechanism 2.5 Digital Services Act and the Increasingly Active Role of Providers 2.6 Towards Greater Responsibility of the Digital Service Providers References 3 Digital Services and Algorithmic Discrimination 3.1 Algorithmic Discrimination: Premise 3.2 Algorithms and New Forms of Discrimination 3.3 Advertising Discrimination Through Online Platforms 3.4 Dynamic Price and Discrimination References 4 Discrimination in the Digital Market: Protection from Different Sides 4.1 Limits of European Anti-discrimination Law 4.2 Data Sharing and Discrimination 4.3 Non-discrimination and Objective of Maximising the Value of Data in the Economy 4.4 Discrimination in the Digital Market and Unfair Commercial Practices Directive References 5 Risk-Based Approach in the Digital Services Act and in the Artificial Intelligence Act 5.1 Discrimination as a Systemic Risk 5.2 Digital Services Act and Artificial Intelligence Act: Harmonized Rules? 5.3 Digital Services and Artificial Intelligence Systems 5.4 Digital Services and Human Oversight References 6 Towards the Future: Risk as Opportunity 6.1 Limits of Law in the Face of Risk and the Over-Reliance on Ethics 6.2 Limits of the Tendency to Humanise Artificial Intelligence Systems 6.3 Risk as Opportunity References 7 Perspectives and Conclusions References