Promises and Risks of Private Enforcement in EU Law: Focusing on the Digital Services Act (DSA)
The Promise and Perils of Private Enforcement under EU Law: The Digital Services Act in Context
GPT Abstract Summary
This paper offers a conceptual analysis of private enforcement under EU law, particularly focusing on damage claims under the Digital Services Act (DSA). It contends that DSA damage claims originate directly from EU law, not simply through declaratory references to national law. In the regulatory theory context, private enforcement may supplement public enforcement, but it poses challenges related to judicial accessibility, motivation for compliance, and democratic legitimacy. Through teleological and systematic interpretation, the paper limits the role of national rules to a supplementary function, evidences risks originating from national case law, and, drawing on GDPR jurisprudence, reconsider damage claims linked with representative actions.
Key Points
- DSA damage claims derive directly from EU law and are not simple references to national law.
- Private enforcement complements public enforcement but involves issues of judicial accessibility, compliance incentives, and democratic legitimacy.
- A teleological interpretation limits the role of national rules, analyzes risks from national case law, and examines GDPR jurisprudence.
Scope and Limitations of the Summary
This English translation is based on a Korean summary generated from the source abstract. It is not a review of the full paper. Consult the original for detailed methods, figures and the scope of the conclusions.
Based solely on the abstract, specific legal interpretative grounds, empirical data, and application cases cannot be confirmed.
This summary does not represent the official views of Professor Haksoo Ko or the Center for Law & Economics at Seoul National University.
Summary basis: original abstract · model: gpt-4.1-mini · generated: 2026. 10. 09. 06:08 (KST)