Law by design obligations: The future of regulating digital technologies in Europe?

Law by design obligations refer to a growing, dynamic approach in European technology law. This article examines this trend by establishing a definition of law by design obligations based on three key elements: their focus on the creation and development of technologies throughout the lifecycle, their aim to incorporate and achieve legal goals in these processes, and the discretion they afford in complying with such obligations. The study shows an evolving practice with legal roots in 1970s data protection. Initially focused on data protection and security, such obligations have expanded to 45 design goals in European legislation. This growth in breadth and depth indicates their increased importance, which has not been previously examined. The analysis of regulatory practice uncovers significant choices that shape how these obligations function: this includes the legal scope defining applicability through various limitations and thresholds; goals establishing how principles serve as aims with different levels of detail and potential conflicts; procedural dimensions organizing iterative processes of assessment, measures, and proportionality; collective dimensions of knowledge governance enabling learning within and across organizations; and accountability dimensions ensuring compliance through documentation, specialized roles, and enforcement mechanisms. These choices demonstrate that law by design obligations are not fixed but highly adaptable regulatory instruments. Four structural elements set law by design apart from traditional regulation. Goal orientation links the translation of legal principles into socio-technical contexts, maintaining discretion for implementation. Stretched temporality extends regulatory influence through permanence across technology lifecycles, an accelerated pace of legal response, and a proactive approach. The interdisciplinary and cross-sectoral nature of the field encourages dialogue between law and technology. Finally, knowledge governance transforms isolated compliance efforts into collective learning systems.     «

Law by design obligations refer to a growing, dynamic approach in European technology law. This article examines this trend by establishing a definition of law by design obligations based on three key elements: their focus on the creation and development of technologies throughout the lifecycle, their aim to incorporate and achieve legal goals in these processes, and the discretion they afford in complying with such obligations. The study shows an evolving practice with legal roots in 1970s data...     »