Nos derniers articles

This article argues that there is an increasing erosion of the traditional public-private divide, which is a key principle of liberalism and the rule of law. The authors identify a gradual shift, starting with the "responsibilization" of private actors and progressing to risk-based regulation like the GDPR. They contend that the DSA and AI Act represent a new milestone, as they delegate regulatory powers to private companies, effectively turning them into regulators of their TPSPs. This “privatization of public action” is seen as a serious threat to the rule of law because it removes public action from public scrutiny. To address this, the authors suggest connecting the rule of law more closely with democracy, which could help set boundaries for the legislative conferral of regulatory powers to private entities.

Insurance Europe advocates for simplifying EU digital regulations, including the Cybersecurity Act and upcoming digital omnibus initiatives, to alleviate compliance burdens. The organization seeks to reduce overlaps and duplications in cybersecurity reporting, particularly under DORA, GDPR, and other horizontal legislations. They propose aligning cyber reporting mechanisms and centralizing notifications to multiple national agencies. Additionally, Insurance Europe supports stakeholder involvement in cybersecurity certification development, emphasizing that certification should remain voluntary. Concerns have been raised regarding the European Cybersecurity Certification Scheme for Cloud Services (EUCS), specifically regarding a lack of transparency and the inclusion of sovereignty requirements that could limit service provider choice and increase costs for insurers.

The main vulnerability in data protection is ineffective risk management, often subjective and superficial. GDPR outlines what to achieve but not how, leading to inconsistent compliance. This paper advocates a quantitative approach for data protection, emphasizing analytics, quantitative risk analysis, and expert opinion calibration to enhance impact assessments.