Private Enforcement of the Digital Services Act (DSA)

Leerssen, P., van Duin, A. & van Hoboken, J.
European Review of Private Law, vol. 34, iss. : 2/3, pp: 229-258,

Abstract

The Digital Services Act (DSA) represents a significant shift in EU digital regulation, aiming to create a safe, predictable, and trustworthy online environment whilst protecting fundamental rights. While public oversight and co-regulation by the European Commission and national Digital Services Coordinators (DSCs) have already attracted significant attention, this paper considers the underappreciated role of private litigation in enforcing the DSA. It examines a spectrum of DSA provisions – Articles 14, 25 and 35 – that could play a key role in the private enforcement of platform obligations and user rights. We situate these provisions within broader European private law debates, connecting them to principles of procedural autonomy, the effectiveness of EU law, and established doctrines of tort and contract liability. By analysing different DSA obligations across a range of topics, from content moderation to systemic risk management, we aim to identify potential pathways, as well as obstacles, for tech accountability through European courts.

Digital Services Act (DSA), enforcement, Regulation

RIS

Save .RIS

Bibtex

Save .bib

GPT-NL respects copyright – cui bono? – Part 2 external link

Kluwer Copyright Blog, 2026

Artificial intelligence, Copyright

RIS

Save .RIS

Bibtex

Save .bib

“Detective Work We Shouldn’t Have to Do”: Practitioner Challenges in Regulatory-Aligned Data Quality in Machine Learning Systems external link

Yichun Wang, Irion, K., Paul Groth & Hazar Harmouch
The 2026 ACM Conference on Fairness, Accountability, and Transparency (FAccT ’26), June 25–28, 2026, Montreal, QC, Canada. ACM, New York, NY, USA, pp: 25, 2026

Abstract

Ensuring data quality in machine learning (ML) systems has become increasingly complex as regulatory requirements expand. In the European Union (EU), frameworks such as the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AI Act) articulate data quality requirements that closely parallel technical concerns in ML practice, while also extending to legal obligations related to accountability, risk management, and human rights protection. This paper presents a qualitative interview study with EU-based data practitioners working on ML systems in regulated contexts. Through semi-structured interviews, we investigate how practitioners interpret regulatory-aligned data quality, the challenges they encounter, and the support they identify as necessary. Our findings reveal persistent gaps between legal principles and engineering workflows, fragmentation across data pipelines, limitations of existing tools, unclear responsibility boundaries between technical and legal teams, and a tendency towards reactive, audit-driven quality practices. We also identify practitioners’ needs for compliance-aware tooling, clearer governance structures, and promoting a culture of regulatory-aligned data quality.

RIS

Save .RIS

Bibtex

Save .bib

GPT-NL respects copyright – cui bono? – Part 1 external link

Kluwer Copyright Blog, 2026

Copyright

RIS

Save .RIS

Bibtex

Save .bib

A Minimum Age for Social Media: A Legal Exploration download

Social media

RIS

Save .RIS

Bibtex

Save .bib

Panel at CPDP 2026: From AI and Quantum to EuroStack and Digital Commons: Which Way to Digital Sovereignty? external link

van Hoboken, J., Vogiatzoglou, P., Streinz, T., Paul, A. & Warso, Z.
2026

Abstract

As Big Tech controls most of the digital infrastructure on which everyday practices depend, digital sovereignty has emerged as a countervailing strategy to (re)gain control over data, technologies, and infrastructures, thereby safeguarding autonomy and self-determination in the digital era. The EU’s digital sovereignty agenda emphasises investment in sectors it considers critical, like artificial intelligence and quantum technologies. Industry and civil society also advocate for domestic alternatives to hyperscalers. The various digital sovereignty visions share commonalities; they highlight the need for European-based infrastructures that comply with EU digital rules, but raise similar concerns about underlying dependencies and geopolitical tensions. At the same time, they differ in the futures they imagine, from becoming a global leader to developing open-source solutions. This panel will investigate what digital sovereignty entails nowadays and the different pathways, from private to public digital infrastructures, towards achieving it.

Artificial intelligence, Digital sovereignty, quantum technologies

RIS

Save .RIS

Bibtex

Save .bib

Building normative diversity into algorithmic news recommendations external link

Vrijenhoek, S.
2026

Abstract

News recommender systems aim to predict which news items their users would like to read based on their past reading behavior. However, rather than only catering to a readers' preferences, a diverse recommender system could also be used to expand a reader's world view, to help them be more informed, or to expose them to events and ideas they were not aware of before. This dissertation therefore aims to answer the question: “How can we evaluate news recommender systems on their normative diversity?” The dissertation takes an interdisciplinary approach towards answering this question. It contains interviews with practitioners from public service media organizations in the Netherlands on how they conceptualized diversity in their recommender systems (Chapter 2); proposes new diversity evaluation metrics founded in democratic theory (Chapter 3); generalizes these evaluation metrics into a rank-aware divergence-based formalization (Chapter 4); analyzes the public datasets available for news recommendation on their suitability to diversity-based research (Chapter 5); and describes workshop sessions with a national news organization to collaboratively define evaluation metrics for their recommender systems (Chapter 6). The work shows that there is no one-size-fits-all solution to implementing diversity. Furthermore, it notes that it is fundamentally unlikely that abstract theoretical concepts can be perfectly captured in technical applications. Instead, it argues that we should aim for consciously imperfect solutions that are understood and accepted by all different stakeholders within an organization; to look for workable simplifications, rather than reductive generalizations.

RIS

Save .RIS

Bibtex

Save .bib

Een minimumleeftijd voor sociale media: juridische verkenning download

Abstract

Juridische verkenning naar een minimumleeftijd van 15 jaar voor sociale media.

RIS

Save .RIS

Bibtex

Save .bib

Remuneration for AI Training: A New Source of Income for Journalists?

In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 433-464, ISBN: 9781009568159

Abstract

Generative AI systems threaten to usurp the market for human press and media productions. To enable journalists to act as ‘watchdogs’, highlight societal problems, and prompt necessary changes, remuneration rules should offer support for quality journalistic work by humans. In the EU, the rights reservation option following from Article 4(3) of the 2019 Directive on Copyright in the Digital Single Market – now flanked by the provisions of the AI Act – could support a remuneration system focusing on the use of human journalistic content for AI training. While AI training income would benefit media companies that own large repertoires of journalistic work, individual journalists might not receive an appropriate revenue share. This chapter suggests introducing a general output-based payment obligation on all providers and users of generative AI systems involved in media productions: both companies offering generative AI systems and companies using these systems in the media sector. Mandatory collective rights management could ensure payment directly to individual journalists, as in the repartitioning schemes of collecting societies. The remuneration could also finance funds that improve journalists’ working and living conditions. When distributing AI remuneration, social and cultural institutions could prioritise public interest journalism as a countermeasure to AI-generated misinformation and disinformation.

Artificial intelligence, Journalism, Media law, remuneration

RIS

Save .RIS

Bibtex

Save .bib

No News Is Bad News: The Role of Government in News Markets in the Age of Aggregators and AI

In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 385-397, ISBN: 9781009568159

Abstract

Welfare economic theory seeks the justification for government intervention in markets, in market failure, and in distributional issues. An analysis of the market failures that exist in a specific industry or market can not only provide justification for government regulation or other kinds of intervention in general, but it can also suggest which type of intervention or regulation is optimal from a welfare economic perspective. This chapter addresses the question of how the emergence of news aggregator platforms and the introduction of generative AI in news production have affected the market failures that constitute the core problem underlying private investment in news production. The focus of the analysis is on the public good character of news and the positive externalities of news production. The question addressed is: Have the consequences of these existing market failures become more prominent or have they been resolved by these developments? Based on this analysis, the chapter discusses how this informs policy concerning these developments.

Artificial intelligence, Government, Media law

RIS

Save .RIS

Bibtex

Save .bib