La sfida tra il diritto e la tecnologia | Silvia Stefanelli | TEDxLink Campus University

Quick Overview

The presentation, titled "La sfida tra il diritto e la tecnologia" (The challenge between law and technology), delivered by lawyer Silvia Stefanelli at TEDxLink Campus University, concludes that the current European legislative methodology, characterized by slow processes, excessive activity, incoherence, and fragmentation, is failing to adequately balance the protection of rights with technological innovation, posing risks to both individual rights and economic competitiveness, especially given the rapid evolution of digital technology like AI.

Key Points: The core challenge discussed is balancing the protection of rights with technological innovation in the digital age, exemplified by the EU's "Shaping Europe's Digital Future" strategy (COM(2020) 67 final, February 19, 2020). Stefanelli highlights several issues in the EU's legislative approach, as noted in the 2024 Draghi Report: slow legislative processes, excessive legislative activity, incoherence, fragmentation (both general and national), and the lack of proper valuation. The EU has enacted approximately 600 norms between 2022 and 2025, demonstrating an intense, risk-based regulatory output (e.g., Digital Services Act, AI Act, Data Act). The speaker questions whether the current European legislative modality is capable of balancing fundamental rights protection with innovation, suggesting the current focus on rights protection alone might be insufficient or even counterproductive in the digital sphere. A key proposal involves shifting the focus from abstract rights to concrete risks affecting rights, especially those with economic implications, and strengthening the risk-based approach. The recent 'Pacchetto Digital Omnibus' (November 19, 2025), aiming for streamlining, simplification, and enhancement of the risk approach, suggests a move towards more agile regulation, but the speaker remains questioning about its ultimate success. The central question posed to the audience is whether they are willing to accept a potential diminishment of protection if it means fostering innovation and competitiveness for European digital enterprises.