New Technologies and EU Law

This book addresses the relationship between EU law and new technologies. Its aim is to address two groups of questions. First, how does EU law approach the relation between science and regulation and what part do conceptions of risk play in this approach; is there a distinctive character to EU law in this domain? And second, what challenges do new technologies pose for the EU internal market and for fundamental principles of EU law, including fundamental rights? Do new technologies represent potential new barriers to freedom of movement? How are EU instruments used to direct and orientate EU policy on new technologies, and how do new technologies shape EU policy, including—but not only—EU policy on privacy and data protection? The book is organized into two parts. The first part, ‘The EU, Scientific Risk, and Regulatory Design’, addresses some of the more horizontal questions, helping us to unpack and to understand the EU’s approach to the regulation of scientific/technological risk and the impact on regulatory design of the close link between the regulation of technology and the internal market. The second part, ‘EU Law and New Technologies—Challenge and Response’, uses different policy fields to exemplify the different ways in which technology and EU policy interact, by posing new regulatory challenges (data protection; internet governance), and by shaping the regulatory response to new challenges (the use of technology for border management and migration control).

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