Legal regulation of the use of digital technologies in Germany and the European Union

• A.M. Berman

  Legal regulation of the use of digital technologies in Germany and the European Union

Abstract. Digital technologies contribute to new socio-political processes, business models, and financial flows, as well as expanding the diversity of goods and services. As a result, the development of digital technologies is becoming a catalyst for the modernization of national and international legal regulation. An interdisciplinary analysis of various economic, technical, legal and social aspects is required to develop a toolkit of legal regulation that responds effectively to the challenges of rapidly developing digital technologies. Meaningful legal regulation is a necessary factor for the most effective use of the potential of digitalization, along with such factors as openness to innovation and political support for it. In this regard, the importance of legal regulation for the development of digital technologies should not be underestimated. Legal regulation can become both a factor that will promote the development of digital technologies by, for example,
creating a favorable and safe environment, and can also slow down its development by excessive "regulation" of this sphere and its bureaucratization. In this regard, the issues of legal regulation of digital technologies never leave the representatives of business indifferent.
Around the legal regulation there are many disputes, in which opinions are often expressed polar opposites. The subject of this study is the legal regulation of digital technology in Germany and the European Union. The purpose of the study is to identify the type of legal regulation that contributes to a favorable environment for the development of digital technologies and digital platforms. To this end, the author analyzed the main approaches of Germany, including its Digital association, and the European Union to the legal regulation of the use of digital technologies, due to the fact that it is in Germany and the European Union as a whole the legal regulation of digital technology is the most developed. Due to the fact that the legal regulation of digital technology is an interdisciplinary field, standing at the junction of law and technology, the author in the course of this study used the full range of general, general scientific and particular scientific methods and techniques of knowledge, including systemic, functional, logical, comparative and other scientific research methods. To solve particular research problems the author widely used such modern general scientific methods as explanation, analysis, synthesis, analogy, abstraction and deduction. The result of the study is to identify the type of legal regulation, which, according to the author, is best suited to create a favorable environment for the development of digital technologies and digital platforms. On the basis of this analysis, the author made conclusions about the possibility of the reception of the legal experience of Germany and the European Union in the legislation of the Russian Federation. These results of the research can be used in the formation of specialized state programs and concepts, and can also be the basis for further scientific research in this area.
Keywords: digital technologies, digitalization, legal regulation, Germany, European Union, Germany digital association, Germany digital strategy, Green paper, White paper.