Compliance audit on the basis of the Digital Services package and the AI framework regulation of the EU

The term creative industries covers a wide range of activities; it generally includes a variety of culturally rooted intellectual property-related businesses. These industries are of paramount importance not only for Europe's cultural diversity, but also for the preservation of Europe's 'digital sovereignty', a term increasingly invoked in EU communication. The European Commission has embarked on an intensive strategic and legislative process to promote the creation of a European Digital Single Market. It does so under 3 broad headings: digital society, digital economy, and advanced digital technologies. One of the latest steps in this legislative process includes the publication of two draft regulations, collectively referred to as the Digital Services Package at the end of 2020. In addition, another proposed regulation for harmonized rules on artificial intelligence was published in April 2021. While the Digital Services Package aims to set new, clearer liability rules for the relationship between digital services and their users, as well as to exercise control over the large online platforms currently acting as gatekeepers through introducing a new instrument in competition law, the Artificial Intelligence Framework proposes a risk-based approach and sets rules for the development, marketing and use of trusted AI systems. These regulatory directions foresee the growing importance of a "compliance-based approach" for businesses. Based on the rules of the draft regulations, the aim of this research is to develop compliance-based guidelines that could serve as a benchmark e.g. for platform providers in the future. As a first step, we will map the problems that the EU intends to address through these proposed regulations, and summarise the suggested directions for national regulation. An attempt could then be made to build up a dogmatic framework derived from this specific regulatory environment, which may be suitable for providing a complex regulatory background for dealing with the future challenges of new technologies.

Keywords: European digital single market, digital services package, AI, compliance