Mapping Data Protection Legal Mobilization Before the CJEU: The Need to Rethink a Success Story?

Tzanou, M. & Vogiatzoglou, P.
Nordic Journal of European Law, vol. 7, iss. : 4, pp: 96-129, 2025

Abstract

The article explores data protection legal mobilisation before the Court of Justice of the EU (‘DPLM’). It provides a theoretical framework to study DPLM before the CJEU and undertakes, for the first time, a comprehensive mapping of this area. It does so by studying, all the data protection-related judgments delivered by the Court between 2014-2023. The mapping is crucial to shed light on the characteristics and mechanisms of DPLM; it is also needed in order to unveil any potential blind spots of such mobilisation. The article asks: How can data protection legal mobilisation before the CJEU be understood through general mobilisation debates and theoretical frameworks? What are its main actors, objectives, topics and outcomes? What are its potential neglected aspects and omissions? The article argues that while DPLM as it emerges from our empirical study can be considered a successful story overall; it, nevertheless, appears elitist in its objectives, problems and actors. In this regard, we call for a critical rethinking of DPLM in order to transfer the data protection collective struggles of more marginalised social movements to the CJEU juridical field.

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Shifting Battlegrounds: Corporate Political Activity in the EU General Data Protection Regulation

Ocelík, V., Kolk, A. & Irion, K.
Business & Society, vol. 65, iss. : 5, pp: 1069-1109, 2026

Abstract

Scholarship on corporate political activity (CPA) has remained largely silent on the substance of information strategies that firms utilize to influence policymakers. To address this deficiency, our study is situated in the European Union (EU), where political scientists have noted information strategies to be central to achieving lobbying success; the EU also provides a context of global norm-setting activities, especially with its General Data Protection Regulation (GDPR). Aided by recent advances in the field of unsupervised machine learning, we performed a structural topic model analysis of the entire set of lobby documents submitted during two GDPR consultations, which were obtained via a so-called Freedom of Information request. Our analysis of the substance of information strategies reveals that the two policy phases constitute “shifting battlegrounds,” where firms first seek to influence what is included and excluded in the legislation, after which they engage the more specific interests of other stakeholders. Our main theoretical contribution concerns the identification of two distinct information strategies. Furthermore, we point at the need for more attention for institutional procedures and for the role of other stakeholders’ lobbying activities in CPA research.

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Cultural Heritage Branding – Societal Costs and Benefits external link

Research Handbook on the Law and Economics of Trademark Law, Edward Elgar Publishing, 2023, pp: 178-193, ISBN: 9781786430465

Abstract

The adoption of cultural heritage signs as trademarks entails several risks that must not be underestimated. Instead of enriching language and rhetoric devices, trademark protection restricts the freedom of future generations of authors to use affected cultural signs for new literary and artistic productions. Trademark protection means that one player in the communication process has strong incentives to invest in the development of her own messages and the suppression of the messages of others. Hence, the discourse surrounding affected cultural signs is no longer as open and free as it was before. Invoking broad protection against confusion and dilution, the trademark owner can take steps to censor artistic expressions that interfere with her branding strategy. The grant of trademark rights will also lead to a commercial redefinition and devaluation of affected cultural heritage material. Once a public domain sign is no longer exclusively linked with its cultural background in the mind of the audience, an artist cannot avoid the evocation of both cultural and commercial connotations. The addition of undesirable marketing messages tarnishes the cultural dimension of the affected sign. It will erode the sign’s artistic meaning and discourse potential over time and minimize the benefits – in the sense of impulses for societal renewal – which society could have derived from critical reflections on the cultural symbol and related societal conditions.

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DPG Media et al vs. HowardsHome – A national ruling on DSM’s press publishers’ rights and TDM exceptions external link

Kluwer Copyright Blog, 2025

Copyright

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Probing the production of quantum technologies to imagine its legal framework

Research Directions: Quantum Technologies, vol. 3, 2025

Abstract

Quantum technologies (QT) are being awaited with excitement. They are supported by many governments, the corporate sector, international bodies and technology forecasters. There is discursive investment as well in terms of creating expectations and laying down a vision for the ‘Second Quantum Revolution’. Science and technology studies are also playing their part to think of the quantum future along with philosophical discussions around it. These visions and expectations perform an implicit and latent function of steering policy proposals and governance. At the current stage of development of quantum technologies, a comprehensive and cogent legal framework is hard to envisage. As it is difficult to foresee the final shape of these technologies, a way to proceed can be to focus on the legal enquiry related to economic, political and policy factors which contribute to its material emergence. This can broaden the focus from thinking about its impact to contextualizing its production and development. Further, it allows a way of determining the extent to which social science and ethical frames can apply to the governance of QT, given the legal and practical realities of technology production and use. This article maps the myriad governance frameworks being envisaged to think about the future of QT. It zooms onto the discussion related to the access divide being framed for QT to understand the points of legal intervention. It uses the case of quantum computing to understand the way legal and practical policy solutions have been ideated. It highlights the way these solutions entrench power of digital infrastructure providers further. This seeks to motivate further work to expand the scope of a legal framework for QT.

quantum technologies

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EU copyright law roundup – fourth trimester of 2024 external link

Trapova, A. & Quintais, J.
Kluwer Copyright Blog, 2025

Copyright

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Greening Lex Informatica: An Exploration of Climate Risks as Systemic Risks under the Digital Services Act download

Abstract

The internet infrastructure and business models are proving to be resource-intensive, which is having a detrimental impact on the climate and the environment. Furthermore, a small group of dominant service providers control nearly all online activity. This thesis explores how the Digital Services Act (DSA) can contribute to reducing climate risks through its systemic risk regulation framework. More specifically, it focuses on direct climate risks relating to material environmental impacts, for example, stemming from emissions from platform operations and infrastructure. Placing this discussion within the context of evolving environmental protection within the EU through sustainable as well as digital regulation, and the developments of fundamental rights in this sense, shows the broader context which is related to the way in which environmental protection can be incorporated into platform regulation under the DSA. Additionally, by examining the potential of systemic risk provisions for addressing direct climate risks, this thesis enriches the ongoing discourse on how to define and scope systemic risks under the DSA. Through a textual analysis of Article 34, it is shown that the DSA can integrate the assessment of climate risks under its provisions, even though it does not explicitly refer to them. The broader regulatory context of the DSA, the online versus offline debate, and the broad nature of systemic risk support this finding. Furthermore, an examination of published systemic risk reports highlights the current and likely future relevance of including environmental factors, particularly in the context of public health and consumer protection. The analysis also sheds light on practical ways to put the DSA framework into practice, addressing climate risk mitigation under Article 35 DSA, and builds upon the broader framework that encompasses relevant actors and offers practical solutions, including delegated acts, voluntary standards, and codes of conduct. By holding the largest platforms accountable, the DSA can address the direct climate risks associated with their activities. By building on fundamental rights, such as the right to private life, and by drawing on the broader EU regulatory framework of the Charter and the DSA’s provisions, a shift towards environmental protection through platform regulation can be put in place.

climate risks, Digital Services Act (DSA)

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The Cost of Reach: Testing the Role of Ad Delivery Algorithms in Online Political Campaigns external link

Votta, F., Dobber, T., Guinaudeau, B., Helberger, N. & Vreese, C.H. de
Political Communication, vol. 42, iss. : 3, pp: 476-508, 2024

Abstract

Political campaigns increasingly rely on digital ads to engage potential voters, with platforms like Meta offering advertisers detailed targeting options based on user demographics, behaviors, and interests. A lesser-known feature of social media advertising is the ad delivery algorithm, which sets ad prices through auctions and may deliver ads to “relevant” audiences without explicit direction from advertisers. This automated process raises the question of whether it may introduce systemic biases into digital political advertising. To examine the pricing of political ads, we conducted a pre-registered study in collaboration with three Dutch political parties. We placed 135 identical ads on the parties’ official Facebook and Instagram accounts, targeting nine different audiences during the 2022 municipal elections. All ads ran simultaneously with identical settings, daily budgets, texts, and images, ensuring any differences in pricing and delivery were due to the advertiser and target audiences. We anticipated that parties would pay less when ads targeted “relevant” audiences. However, we observed pricing differences between parties and audiences that did not always align with our expectations. For instance, one party paid 9.24% to 10.74% less per 1,000 users. Additionally, lower-educated citizens, women, and younger individuals (18–24) were more expensive to reach. These results have important implications. The unequal costs create unfair and unequal playing field, while the exclusion of certain groups from ad delivery may limit their access to election information. Our findings suggest that simply restricting targeting capabilities, without addressing the role of ad delivery algorithms, would leave pricing disparities unchecked and without transparency

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Annotatie bij Hof van Justitie van de EU 7 december 2023 (OQ \ Land Hessen) download

Nederlandse Jurisprudentie, iss. : 36, num: 334, pp: 7098, 2024

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Financial Regulation, Political Context, and Technology in the European Union download

Barbereau, T., Weigl, L. & Pocher, N.
Decentralization Technologies: Financial Sector in Change, Springer, 2024, Series: Financial Innovation and Technology, ISBN: 978-3-031-66046-7

Abstract

Three decades after the establishment of the European Single Market, the ongoing digital transformation of its core socioeconomic pillars generates regulatory shifts. These shifts are also initiated by geopolitical pressures. Within its data-driven economy, innovative financial solutions and technologies strive to unfold against the backdrop of what is now a multilayered, complex regulatory environment. This chapter dismantles this complexity by outlining the main regulatory building blocks relevant to the European Union’s financial industry vis-à-vis the policy goals of digital and economic sovereignty. Given the focus of this book on decentralization technologies in the financial industry, it then contextualizes the impact of such policy on these and discusses the present dynamics between regulation and innovative technology.

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