Standards of Fairness in Digital Law

Edited by Pieter Van Cleynenbreugel, Professor of Law, University of Liège and Ljupcho Grozdanovski, Research Associate, Belgian National Research Foundation (FNRS) and Research Professor, University of Liège, Belgium

• ContentsPreface viiiPART I FRAMING THE CONCEPT OF FAIRNESS IN EUDIGITAL LEGISLATION1 Philosophical and theoretical foundations of the rationale offairness in the EU’s digital legislation 2Ljupcho Grozdanovski2 Fairness in EU digital regulation: a reflective equilibriumapproach 30Johan RochelPART II STANDARDS OF FAIRNESS IN EU DIGITALLEGISLATION3 Fairness in the Digital Markets Act 62Juliane K. Mendelsohn4 The notion of fairness in the Data Governance Act and theData Act 91Laura Drechsler and Charlotte Ducuing5 Fairness and the Digital Services Act 129Pieter Van Cleynenbreugel6 Lost in translation? On fairness as answerability and as non-discrimination in the European Union Artificial IntelligenceAct 155Jérôme De CoomanPART III GUARANTEEING FAIRNESS THROUGH RIGHTS,REMEDIES AND PROCEDURES?7 Access to justice and effective redress in EU digitallegislation: a roadmap 204Francesca Episcopo8 Transparent markets as fair markets? Defining ‘fair’conditions for the provision of online intermediation servicesthrough rights: the case of the DMA 236Miłosz Malaga9 Procedural fairness and AI liability: why the upgradedproduct and proposed AI liability Directives are BRIEF(barely reinforcing and integrating effective fairness) 264Ljupcho Grozdanovski10 Structuring ‘procedural fairness’ through the principle ofeffectiveness: a promising starting point for a more uniformlegal protection in EU digital law and beyond? 313Pieter Van CleynenbreugelBibliography 342

‘This book offers a much-needed examination of fairness in the digital age. It is an important read for anyone interested in how fairness has been increasingly at the core of EU digital law, becoming a central part of European digital policy and regulation, from data protection to platform governance and AI regulation.’