Centre for Digital Governance
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The European Union (EU) has been leading the world with its influential digital regulation. However, the EU’s legislative process is sufficiently complex and careful that some national legislation clearly influenced by the EU’s AI Regulation is already in place in other countries, before the law has even been finalized in the EU. Meanwhile, other states and regions are just beginning to develop AI policy. For both the EU and such others, we here describe the outcomes of the first round of legislative action by one of the EU’s two legislative bodies, the European Parliament, in terms of modifying the Artificial Intelligence Act. The Parliament has introduced a number of changes we consider to be enormously important, some in a very good way, and some in a very bad way. At stake is whether the AI Act really brings the power and strength of product law to continuously scale improved practice on products in the EU with intelligent components, or whether the law becomes window-dressing aimed only at attacking a few elite actors post hoc. We describe here the EU process, the changes and our recommendations.
The EU Digital Service Acts signals a move away from self-regulation towards co-regulation of social media platforms within the European Union. To address online harms and rising platform power the DSA clarifies responsibilities of platforms and outlines a new technology regulatory framework to increase oversight. One key oversight instrument constitutes Article 40 of the DSA, which lays out data access for vetted researchers, who add value to regulators and the broader public as creators of knowledge, educators, advisors, innovators, and watchdogs. Currently, the EU Commission and national governments make important decisions regarding Digital Service Coordinators (DSCs) that play a key role in implementation. Based on expertise on European public administration and political science we lay out key challenges and success factors of DSCs that will play a role in promoting successful cooperation between DSCs and researchers. We provide three recommendations: First, we recommend to strengthen transfer of scientific knowledge into policy-making by processing publicly accessible publications within public administrative bodies. To this end, capacities of DSCs need to be increased. In addition, we also point towards the database of vetted researchers collected by the Board of DSCs as important resource in order to strengthen knowledge transfer. Second, the DSC network requires agile institutions with fast response time in order to enable researchers to play a constructive role in implementation. This also includes institutional procedures between DSCs and the Intermediary Body and Data Protection Agencies. To avoid delay in implementation agile institution-building needs to start now. Finally, institutional safeguards will help to avoid strategic choice of companies of the DSC of establishment. At the same time, the Irish DSC's capacity should be strengthened compared to other national DSCs since most large intermediary services providers have their European headquarters in Ireland.