EAN: 9783031436390

SPRINGERBRIEFS IN LAW THE RISK OF DISCRIMINAT...

The book starts with an analysis of what is new in the Digital Services Act. The aim is to see
whether this new Regulation is appropriate both for not halting technological innovation and
for addressing the risks that technological innovation poses to society and to the people who
use digital services. The focal point is the risk of discrimination as people are often
helpless in the face of the potential discriminations in the digital services sector. In
particular  the book analyses how the Digital Services Act can make a concrete contribution to
the protection against discrimination. To this end  it focuses on the responsibility of digital
service providers and the fact that discrimination may also depend on the way in which
algorithms and artificial intelligence systems are used. Therefore  a comparison is made
between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison
discloses that the risk-based approach is the common thread followed by the EU in regulating
the digital market. The book elaborates also on the practical implications of the risk-based
approach. Highlighting advantages and limitations leading the author to conclude that the
risk-based approach is the way forward only if the differences between risk and danger  the
limits of law  and the limits of the tendency to humanise artificial intelligence systems are
considered. With specific reference to the risk of discrimination  the need for a systemic and
multi-level approach is highlighted  which reinforces the contribution that can be made not
only by the Digital Services Act  but also by more general and cross-cutting legislation as
those on data protection and unfair commercial practices.

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