EU digital regulation: too much of a good thing?

The EU’s digital regulatory framework has expanded dramatically – 173 adopted laws, 11 pending, 23 planned, growing exponentially since 2010. While measures such as the DMA, DSA, AI Act and Data Act address genuine concerns, this regulatory proliferation appears to have become one of the principal impediments to the EU’s digital productivity. On the one hand, it risks legal uncertainty and implementation challenges. On the other, it raises competitiveness concerns.

The Commission is attempting to address these concerns by means of a series of Omnibus initiatives. However, the tension between regulatory simplification and fundamental rights protection demands careful navigation. The EU Ombudsman’s recent findings of Commission maladministration in preparing recent simplification proposals underscore the risks of prioritising speed over sound legislative process as well as considering quantity over quality.

This Lab session considers how to make the EU’s regulatory approach to the digital world more effective. Drawing examples from existing EU laws and simplification efforts, we assess whether attempts at simplification to date adequately balance protection against burden, and consider what reforms could restore evidence-based, transparent and inclusive law-making. Particular attention is given to the effectiveness of Better Regulation principles as implemented at present, and to the potential for increased use of regulatory technology to reduce compliance burdens.