January 23
2022
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31st May 2021
Data, Tech & IP Human Rights

Op-Ed: “The EU’s Digital Services Act: are we still free to conduct business?” by Ben Allgrove

Article 16 of the Charter of Fundamental Rights of the EU ('the Charter') creates in EU law the freedom to conduct a business. On its face the proposed Digital Services Act ('DSA') includes provisions which inevitably restrict the freedom to conduct a business for impacted companies. That is the express intention of the proposal. This Op-Ed explores whether the restrictions proposed go beyond what is proportionate to achieve the stated policy objectives. If they are, they would be incompatible with Article 16; a topic which is receiving surprisingly little airtime in discussions to-date both about the DSA and technology regulation in general.

The policy and legal context

The DSA seeks to contribute to the proper functioning

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