engleski

The EU Digital Single Market: What Role for the Private International Law?

EU's endeavours have been focused on achieving the Digital Single Market (DSM) areas such as e- commerce, e-payment, fair competition, consumer protection, intellectual property and data protection, not so much on the role which the private international law (PIL) could play in the process. This is indeed surprising in view of the fact that digital and online often means cross- border. This paper aims at investigating into the potential of the PIL rules in structuring the architecture of the DSM. In doing so the first task would be to scan the EU PIL rules relevant in the context of the DSM to expose the state of the play. The questions that will be addressed include: Are there PIL rules designed for dealing with cross-border issues in the information society? If not, are the existing PIL rules adequate for this purpose? If not, are these rules adjustable to this purpose? If not, what sort of PIL rules are needed? In the course of this investigation the case law will also be analysed because it is before the courts that the PIL rules are tested against time and contemporary developments. The key objectives of the DSM Strategy for Europe, such as to establish a supportive investment climate for digital networks, research and innovative business, will be taken as a point of reference for assessing the potential role of PIL as well. On the other side, this assessment will consider the rights which may be at risk when individuals engage in digital transactions and activities because their trust is the essential factor in the process. Combined perspectives should provide a solid basis for modelling recommendations on actions that may be taken within the field of PIL to provide support to the horizontal policy of increasing the use of digital technologies and online services in EU.

EU law, Digital Single Market, information society, private international law

https://jprivintl2019.de/