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Juridical Observatory on Digital Innovation

JODI

Established in 2019 at the Department of Law and Economics of Productive Activities of Università di Roma La Sapienza, the Juridical Observatory on Digital Innovation - JODI (Osservatorio giuridico delle innovazioni digitali -OGID) examines the interactions between technology and private law, by considering digital innovations from the perspectives of classical legal concepts such as contract, torts, personhood, etc.

Lobbying Activity

Meeting with Anthony Whelan (Cabinet of President Ursula von der Leyen), Bjoern Seibert (Cabinet of President Ursula von der Leyen), Fernando Sampedro Marcos (Cabinet of President Ursula von der Leyen), Mary Veronica Tovsak Pleterski (Cabinet of President Ursula von der Leyen), Nicole Dewandre (Cabinet of President Ursula von der Leyen), Olivier Smith (Cabinet of President Ursula von der Leyen), Per Haugaard (Cabinet of President Ursula von der Leyen), Sonia Vila Nunez (Cabinet of President Ursula von der Leyen), Valeria Miceli (Cabinet of President Ursula von der Leyen) and

31 Jul 2020 · High-Level Roundtable Discussion on: Resilience: How to better protect, prepare and transform the European Union? - [Via Webex]

Response to Digital Services Act: deepening the Internal Market and clarifying responsibilities for digital services

30 Jun 2020

The Juridical Observatory on Digital Innovation (“JODI”) (https://web.uniroma1.it/deap/ogid) welcomes the initiative taken by the European Commission to consult with the various stakeholders prior to putting forward a proposal for a future regulation dealing with, inter alia, the “responsibilities for digital services” in the context of the ‘Digital Services Act package’ announced by the President of the European Commission. The attached document addresses certain issues relevant to the EU Commission’s stated objective to establish “a common set of responsibilities for online platforms like social networks or marketplaces to be adopted in order to protect users’ fundamental rights online”. JODI’s comments as contained in the attached document are the following: • The concern that online platforms may be employed to exploit human behaviour, not limitedly to consumers’ behaviour • The proposal to identify a specific notion of “fairness” consisting in the duty of care for human behavioural vulnerability, not limitedly to consumers’ vulnerability • The recommendation to contemplate: (i) in terms of Ex-ante compliance: mandatory provisions to ensure “fairness by design”; (ii) in terms of Ex-post enforcement: collective remedies and public enforcement provisions for their higher ability to act as deterrents against unfair practices compared to individual ex-post remedies.
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