Proportionality in Eu Digital Law: Balancing Conflicting Rights and Interests

This book addresses the interplay between the proportionality principle and EU digital law.

Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests.

The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas.

Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.

Jan Czarnocki is Marie Sklodowska-Curie Fellow and Doctoral Researcher at the KU Leuven Centre for IT & IP Law, Belgium.
Przemyslaw Palka is Assistant Professor at the Jagiellonian University Faculty of Law, Poland.