The Shades of the Concept of Transparency on the Horizon of European Technology Law and Platform Regulation
The Shades of the Concept of Transparency on the Horizon of European Technology Law and Platform Regulation

Summary/Abstract: The complex notion of transparency is increasingly present both in legislation and in legal policy documents. Whether defined as a principle, an expectation, or an explicitly strict and complex set of legal requirements, it has become a central element of data protection and of the ever-expanding regulation of technologies and platforms. The aim of this paper is to examine and clarify the conceptual elements of transparency. This is achieved by comparing three different but strongly related fields of law: data protection, artificial intelligence, and platform regulation, through a comparative interpretation of European Union requirements. The main finding of the study is that while the basic conceptual elements of transparency in these areas of law are similar, the specific definitions used by legislators differ significantly. These differences make it challenging to discern the exact content of the concepts, potentially causing issues in the practical application of the law. These problems arise when the legislation in the areas under consideration is jointly applicable to a technological solution or service. By clarifying or converging the concepts in use along the lines set out in the study, the legislator may be able to resolve these problems, the stakeholders and practitioners may have a clearer picture of the applicable requirements.

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