The Transformation of Risk Regulation: Managing Uncertainty and Powers in the Digital Age
This paper analyzes the shift in European digital regulation from a science-based model to one rooted in constitutional values. While traditional risk management relied on the precautionary principle and quantifiable data, modern frameworks like the GDPR, DSA, and AI Act focus on safeguarding fundamental rights and democracy. The authors argue that this transformation addresses the intangible nature of digital harms and the significant imbalance of power between public regulators and private tech firms. By delegating risk assessment to private entities, the EU utilizes accountability and proportionality as tools to govern technological uncertainty. Ultimately, the text illustrates how legal and ethical standards have replaced empirical science as the primary metrics for regulating the digital ecosystem.