JOURNAL ARTICLE
Platform Law as EU Law.
Published In: GRUR International: Journal of European & International IP Law, 2024, v. 73, n. 7. P. 607 1 of 3
Database: Legal Source 2 of 3
Authored By: Mast, Tobias 3 of 3
Abstract
This article analyzes the emerging body of European Union (EU) platform law, focusing on its unique legal challenges arising from the uniform operation of digital platforms across Member States, their almost unlimited usability, and the dynamic development of the platform economy. It examines key EU regulations—including the Digital Services Act (DSA), Digital Markets Act (DMA), Regulation on promoting fairness and transparency for business users of online intermediation services (P2B Regulation), and the Regulation on addressing the dissemination of terrorist content online (TCO Regulation)—highlighting their complex, sometimes inconsistent normative relationships and reliance on the EU's internal market competence (Art. 114 TFEU). The article further discusses platform law as a form of supranational and administrative law characterized by regulatory reliance on platform operators' expertise, enforcement challenges due to the concentration of major platforms in certain Member States (notably Ireland), and extensive delegated and implementing powers granted to the European Commission. Finally, it addresses the incorporation and horizontal application of fundamental rights from the EU Charter of Fundamental Rights within platform law, noting tensions between national and EU levels of rights protection and the novel regulatory approach of embedding fundamental rights obligations directly into platform operators' terms and conditions. The article concludes that while EU platform law aims to harmonize regulation across the Union and protect fundamental rights in a rapidly evolving digital environment, its effectiveness and coherence remain subject to ongoing legal and practical tests.
Additional Information
- Source:GRUR International: Journal of European & International IP Law. 2024/07, Vol. 73, Issue 7, p607
- Document Type:Article
- Subject Area:Law
- Publication Date:2024
- ISSN:26328550
- DOI:10.1093/grurint/ikae072
- Accession Number:178778905
- Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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