Methodology
The approach followed by the European Legal Lab in IP, Technology, Information and Communication (ELLIPTIC) is normative. We believe that in our field, it is necessary to go beyond purely descriptive/analytical methods to question the ratio of a given legal framework and to verify whether it fits its purpose. Accepting to challenge the existing legal framework or its underlying narrative will often require to rely on concepts and instruments from other sciences and deploying them in a holistic way.
This approach implies, therefore, a high degree of interdisciplinarity. While the interaction between law and economics will often be favored, the reliance on other disciplines, such as history or political science, or on an ethical approach, might also be required to analyse the issue and challenges raised by a legal matter. Furthermore, since we often study legal issues that emerge from the deployment of new technologies, a dialogue with experts in science and technology will usually be a necessary step in our approach of legal issues.
Research areas
Intellectual property
Today's economy is largely based on innovation and creative activities, as well as on the exploitation and sharing of intangible assets, whether information, knowledge, invention, work, etc.
Supporting innovation and creation is at the heart of public policies, in particular through the creation and implementation of intellectual property rights (copyright, patent, trademark, protection of trade secrets, etc.).
These rights always have an ambivalent effect: by offering their holder a legal exclusivity on a given immaterial object allowing to exploit it economically, they constitute by the same token a restriction on the freedom of third parties to freely use this object.
Analyzing the effects - positive and negative 鈥� of these rights is hence a fundamental question at the heart of our research group's activities.
Platform regulation
platforms are playing a major role in our (online, and offline) life in the recent years. We rely on online platforms, such as Facebook, YouTube or Amazon, to communicate, shop, order a taxi, watch a movie and more. platforms have become unavoidable intermediaries in the online environment.
The importance of online platforms has led to the emergence of various legal questions surrounding their regulation and the necessary steps to be taken to protect online platforms鈥� users. Online platform regulation is at the crossroads of different areas of law, such as consumer and data protection, competition or labour law.
Platform regulation is a central piece of the digital policies and legislations of the European Union, notably the Digital Services Act (DSA) and Digital Markets Act (DMA).
Information law
The digital transformation places information at the core of our society and economy. The Internet made it possible to share information across the globe on a massive scale, revolutionizing the relationships between citizens, companies, civil society and authorities.
democracies have been facing challenges regarding the flow of information in the past years, putting fundamental rights such as freedom of expression under pressure. Informational disorders such as disinformation and hate speech have proliferated in the online ecosystem. It is therefore important to understand how public policies can support an online conversation of high quality.
Information and communication law aims to bring a balance between the rights and interests of the stakeholders of the digital society. It is therefore a key area of study for our research center.
Privacy rights and right to data聽
The online economy highly depends on data and data processing. Privacy protects individuals against the processing of their personal data, both online and offline. Privacy and personal data are protected under articles 8 and 9 of the Charter of fundamental rights of the European Union.
In EU law, the General Data Protection Regulation (GDPR) is the cornerstone of privacy regulation. The GDPR sets a framework for processing personal data while recognizing several rights to data subjects, such as the right to be forgotten.
In addition, new legislative acts, such as the Data Governance Act and the Data Act, aim at framing and promoting the sharing and reuse of data.
Data regulation is as well at the core of the research activities of the group.
Study of effects of emerging digital technologies (Artificial Intelligence, Internet of Things, etc.)
Emerging digital technologies (AI, IoT) are resulting in upheavals in both economic and societal terms. Generative AI tools are both a source of hope (reduced R&D costs in healthcare, time savings for creators, etc.), but also of serious concern (use of protected content, impact on democratic debate with the arrival of deepfakes, etc.).
These dramatic changes call into question the legal framework. What legislative framework should constrain the deployment and use of these technologies? How should intellectual property rights be adjusted to take into account the promises of AI and the risks for the creative field? Should legal mechanisms be created to ensure wider availability of data enabling the development of these technologies?