Regulation vs Directive

A regulation applies directly in all Member States without national transposition. A directive sets goals that Member States must reach through their own national laws.

Competition law (Articles 101 and 102 TFEU)

EU rules that ban anti‑competitive agreements between firms (101) and abuse of a dominant position (102) to keep markets open and fair.

The General Data Protection Regulation (in force since 2018), which sets strict rules on processing personal data and grants individuals strong data rights.

The General Data Protection Regulation, the main EU law on personal data protection, in force since 2018.

An EU regulation that clarifies who can access and use non‑personal data, especially from connected devices, with phased application from 2025–2026.

An EU legal act that sets binding goals for Member States, but leaves them free to choose how to achieve those goals in national law.

EU Law in Key Policy Areas: From the Single Market to Digital and AI Rules — EU Law 101: Foundations of the European Union Legal Order

1. Big Picture: How EU Law Shapes Key Policy Areas

What This Module Does

You will see how EU law affects everyday life: roaming charges, big online platforms, and AI systems. We link general EU rules to concrete sectors.

Three Big Themes

We focus on: 1) the internal market (single market), 2) competition law (keeping markets fair), and 3) digital, data and AI rules (GDPR, DSA, DMA, AI Act, etc.).

Link to Earlier Modules

The CJEU interprets these rules, and the Charter of Fundamental Rights still matters when platforms moderate content or AI affects rights.

Your Goals

By the end, you should recognise shared legal ideas, name key digital and AI instruments, and see how EU law reacts to tech and climate challenges.

2. The Internal Market: Free Movement in Practice

Core Idea of the Internal Market

The internal market is about free movement of goods, persons, services, and capital. A product or service legal in one EU country should usually move freely across borders.

Everyday Example: Roaming

Before EU action, roaming was very expensive. The Roaming Regulation used internal market powers so you can now mostly “roam like at home” inside the EU.

Legal Tools

The EU uses regulations (directly applicable) and directives (implemented via national laws). Mutual recognition means countries accept each other’s lawful products, with limited exceptions.

Role of the CJEU

When national rules restrict free movement, the CJEU checks if the restriction is justified and proportionate or if it breaches EU law.

3. Internal Market Example: Streaming and Geo‑Blocking

Study Abroad Scenario

You pay for a streaming service in Spain and then move to Germany for a semester. Can you still watch your Spanish subscription there?

Portability Regulation

Since 2018, paid online content services must let you access your home subscription when you travel temporarily in the EU. Your digital service “travels” with you.

Geo‑blocking Regulation

Also from 2018, unjustified blocking or discrimination of customers based on country in the EU is banned, especially in online sales of goods and many services.

Limits and Takeaway

Audiovisual geo‑blocking is not fully banned, but overall these rules show how free movement now also applies to digital services, not just physical goods.

4. Competition Law: Keeping Markets Fair

What Is Competition Law?

EU competition law keeps markets open and fair. It stops companies from fixing prices or abusing their power in ways that harm competition.

Key Treaty Rules

Article 101 TFEU bans anti‑competitive agreements (like cartels). Article 102 TFEU bans abuse of a dominant position by powerful firms.

Enforcement by the Commission

The European Commission can investigate, fine companies, and order changes, for example in big tech or energy markets.

Link to Digital Rules

Traditional cases look at past behaviour. The Digital Markets Act adds forward‑looking rules for powerful “gatekeeper” platforms to prevent harm early.

5. Digital and Data Rules: GDPR, DSA, DMA, Data Act

The EU Digital Rulebook

The EU has built a set of digital laws: GDPR, Digital Services Act, Digital Markets Act, and new data laws like the Data Act and Data Governance Act.

GDPR

Since 2018, GDPR protects personal data: consent, data minimisation, rights to access or delete data, and big fines for violations, even for non‑EU firms targeting EU users.

Digital Services Act (DSA)

From 2024, DSA sets duties for platforms: faster removal of illegal content, transparency in moderation, protection of minors, and risk assessments for very large platforms.

Digital Markets Act (DMA)

Also from 2024, DMA sets do’s and don’ts for “gatekeeper” platforms, like banning self‑preferencing and forcing some interoperability and data access for business users.

Data Governance Act and Data Act

These newer laws promote safe data sharing and define who can use non‑personal data from connected devices, with key parts applying from 2025–2026.

6. The EU AI Act and Related Updates

What Is the EU AI Act?

Adopted in 2024 and phased in from 2025, the AI Act is the first broad EU law on AI systems, using a risk‑based approach and applying across sectors.

Risk Categories

Unacceptable‑risk AI uses are banned; high‑risk systems are tightly regulated; limited‑risk systems face transparency duties; minimal‑risk systems have few or no AI‑Act duties.

General‑Purpose AI

Providers of powerful general‑purpose or foundation models must meet transparency and safety rules, such as documentation, testing, and systemic risk management.

Links to Other Laws

AI rules connect to product safety, liability, and fundamental rights. High‑risk AI may require fundamental rights impact assessments.

Climate and Trade: CBAM

The Carbon Border Adjustment Mechanism adds a carbon price to certain imports to prevent carbon leakage and support EU climate policy.

7. Thought Exercise: Following One Service Through EU Rules

Pick one digital service you use often (for example, Instagram, TikTok, Amazon, Spotify, or a cloud storage service) and walk through these questions.

Internal market

Does the service work in more than one EU country?
How would your experience change if each country had totally different platform rules?

Competition and DMA

Is this service part of a very large platform that might be a gatekeeper under the DMA?
Can you uninstall pre‑installed apps connected to it on your phone or laptop? Does the DMA push in that direction?

DSA

How does the service handle illegal content (for example, hate speech or scam ads)?
Can you easily find why a post or product was removed or flagged?

GDPR and Data Act

What personal data do you think the service collects from you?
Can you find a way to download your data or change privacy settings?
If it connects to physical devices (for example, a smart speaker), who can access the non‑personal data from those devices under the Data Act?

AI Act

Where might AI be used in this service? (For example, recommendation algorithms, content moderation, chatbots, generative AI tools.)
Would any of these uses be high‑risk (for example, AI used in job ads, exams, or credit scoring linked to the service)?

Write short bullet‑point answers. The goal is not to be perfect, but to practice spotting which EU rules might apply to a single real‑world service.

8. Quick Check: Single Market and Digital Rules

Test your understanding of how the internal market, competition law, and digital rules fit together.

Which statement best describes how recent EU digital laws (like the DSA and DMA) relate to older internal market and competition rules?

They completely replace internal market and competition rules, which no longer apply to digital services.
They build on internal market and competition ideas, adding more specific and proactive rules for large digital platforms and online services.
They only apply outside the EU and are mainly trade agreements with non‑EU countries.

Show Answer

Answer: B) They build on internal market and competition ideas, adding more specific and proactive rules for large digital platforms and online services.

The DSA and DMA do not replace internal market or competition law. They build on those foundations and add targeted, often ex ante, rules for digital services and powerful gatekeeper platforms inside the EU.

9. Quick Check: AI Act Basics

Check your understanding of the EU AI Act.

What is a central feature of the EU AI Act as adopted in 2024?

It bans all AI systems that process personal data.
It introduces a risk‑based approach, banning some uses while imposing strict rules on high‑risk AI and transparency for others.
It only applies to military AI systems and has no impact on civilian uses.