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  • 10 - EU By-Design Regulation in the Algorithmic Society

  • from Part II - Regulation and Policy
  • Edited by Hans-W. Micklitz, European University Institute, Florence, Oreste Pollicino, Amnon Reichman, University of California, Berkeley, Andrea Simoncini, Giovanni Sartor, European University Institute, Florence, Giovanni De Gregorio, University of Oxford
  • Book:
    Constitutional Challenges in the Algorithmic Society
    Published online:
    01 November 2021
    Print publication:
    02 December 2021, pp 202-218
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  • Summary

    Algorithmic decision-making fundamentally challenges legislators and regulators to find new ways to ensure algorithmic operators and controllers comply with the law. The European Union (EU) legal order is no stranger to those challenges. One of the ways to deal with the rise of automated and algorithmic decision-making, could be the introduction of by-design obligations. This chapter analyses to what extent EU law tolerates, enables or limits the introduction of such obligations. Conceptualising the notion of by-design regulation as a specific form of EU co-regulation, the chapter subsequently identifies the challenges EU constitutional law could present for the further development of those obligations. In doing so, it hopes to frame and further structure debates on this type of regulation for the algorithmic society.