This research compares legal practices and doctrinal approaches to liability for breaches of digital agreements, identifying three models: the American model (“privatised liability”), the French model (“public protection”) and the Kazakhstani model. Through a comprehensive methodology – formal-legal analysis of national legislation, empirical study of judicial practice and content analysis of standard terms of service of dominant technology platforms – the study highlights the limitations of Kazakhstan’s current system. The Kazakhstani approach, which requires a national Electronic Digital Signature for an agreement’s validity, leads to a “formalistic vacuum”, rendering most modern electronic commerce legally invalid and depriving parties of contractual remedies. The research concludes that Kazakhstan’s legal framework is non-viable and stifles the development of the digital economy. A hybrid reform model is proposed that moves away from formalism and embraces technological neutrality. The proposed model includes recognising “clickwrap” consent, as seen in the American model, and implementing protective mechanisms, such as prohibiting “unfair terms”, following the French model.
Los deepfakes, conforme a la definición del Reglamento de la Unión Europea en materia de inteligencia artificial, son contenidos audiovisuales generados o manipulados por una inteligencia artificial que se asemejan a personas, objetos, lugares, entidades o sucesos reales y que pueden inducir a una persona a pensar erróneamente que son auténticos o verídicos. Especial atención doctrinal ha merecido la posibilidad de que estos materiales sean aportados como prueba en un proceso judicial. Ahora bien, entre otras cuestiones, debe tenerse en cuenta que en la creación de estas ultrasuplantaciones se vulnera, en ciertas ocasiones, el derecho fundamental a la protección de datos. En este artículo, se analiza en qué supuestos sucede la indicada infracción para, finalmente, vincular estas conclusiones con el concepto de prueba ilícita dispuesto tanto en el artículo 11.1 de la Ley Orgánica del Poder Judicial como en la conocida doctrina del caso Falciani, esto es, la STC 97/2019, de 16 de julio.
La transposición de la Directiva de trabajo en plataformas requiere la adopción de diversos ajustes en la normativa interna española para asegurar que los derechos de participación colectiva previstos en aquella puedan ejercerse de forma efectiva y con toda la extensión reconocida. Resulta imprescindible potenciar la articulación de representaciones colectivas en ese ámbito, contemplar vías alternativas para cuando estas falten, asegurar la información y consulta ante la introducción y modificación de sistemas de gestión automatizada, así como en la evaluación previa de impacto y en la evaluación de la aplicación, para garantizar también que las representaciones colectivas cuenten con la asistencia de personas expertas. Desde un punto de vista formal, lo más deseable es que las normas de transposición se incorporen al TRLET, para frenar la dispersión normativa y evitar los problemas interpretativos. Respecto al ámbito de aplicación, los derechos de participación colectiva deberían proyectarse sobre todos los supuestos en los que se utilice la gestión algorítmica del trabajo, más allá del trabajo en plataformas, porque en todos ellos son necesarios y también porque es la opción más coherente con el actual marco normativo y la exigida por el Reglamento sobre Inteligencia Artificial de la UE.
The adoption of Artificial Intelligence in local administration faces a critical paradox: pressure for modernization collides with institutional incapacity, resulting in dependence on opaque commercial solutions (vendor lock-in) that compromise public sovereignty. This article addresses this "Public Value Failure" through a Design Science Research approach and a systematic literature review (2018-2025). As a solution, we propose the Multilevel Algorithmic Sovereignty Model (MASM), a technological federalism framework in which supra-municipal entities deploy sovereign infrastructure (on-premise) and open-source models to serve municipalities via a PaaS architecture. The model integrates RAG (Retrieval-Augmented Generation) protocols to ensure regulatory traceability and the justification of administrative acts. We conclude that centralizing technical complexity while decentralizing operations enables the democratization of advanced AI, transforming current expenditure into structural investment while preserving the "reserve of humanity" against prevailing institutional isomorphism.
The digitization of social relationships has fostered new forms of male violence through digital technologies. Although various regulations have begun to recognize gender cyberviolence, institutional mechanisms are not yet prepared to address it appropriately. This article discusses the challenges and needs of professionals in the police, legal and psychosocial fields in the face of this phenomenon. Based on a qualitative investigation of twenty-two interviews conducted in Catalonia, the study identifies gaps in protocols, regulatory frameworks, training and access to justice. The results show a disconnect between legal recognition and institutional operational capacity, as well as inequalities in access to rights. This work makes structural constraints visible and highlights the key role of professionals in the detection, accompaniment and institutional improvement of these forms of violence.
The practice of happy slapping-physical aggressions recorded and disseminated in digital environments-is an extreme manifestation of juvenile cyber-violence and challenges the responsiveness of the Social and Democratic State of Law. This work starts with the premise that these behaviours cannot be explained solely as individual deviations, but as expressions of social maladaptation linked to the weakening of the tuitive and integrative function of the State. First, the concept of social maladjustment is analysed from a constitutional perspective, and it relates to the mandate of material equality and the obligation of public powers to ensure social cohesion and the effectiveness of fundamental rights. Secondly, cyber-violence is examined as a projection of such maladjustment onto the Internet, with a focus on happy slapping, due to its potential to violate human dignity through the spectacularization and mass dissemination of the harm. Finally, the article proposes different ways to address this problem, which transcend the criminal response, articulated around the axes of provision, protection and participation, with the aim of reinforcing social integration, preventing digital violence and restoring respect for human dignity as the basis of constitutional order.
This article examines how intellectual property (IP) rights are managed and enforced on Amazon from sellers’ perspectives, drawing on a qualitative analysis of Facebook group discussions conducted in three languages. The study examines how Amazon’s internal IP enforcement mechanisms operate in practice and how sellers perceive and respond to these mechanisms within the platform’s governance architecture. The findings suggest that Amazon’s IP policies function primarily as instruments of platform-driven compliance. Analysis of Facebook discussions indicates that sellers’ interest in IP issues is most often triggered by enforcement events, such as infringement complaints, listing restrictions or account suspensions. As a result, IP management practices tend to be reactive rather than proactive. Trademark-centred mechanisms dominate both enforcement practices and seller discussions, as access to key platform tools requires trademark registration. The article argues that while Amazon’s IP framework raises awareness of intellectual property among sellers, the platform-centric approach may fragment IP literacy and limit the development of more sustainable and transferable IP strategies beyond Amazon’s ecosystem. The findings contribute to broader discussions on digital self-regulation, private legal orders, and the limits of IP protection in transnational digital markets.
In this article, I aim to present the Italian situation regarding the introduction of artificial intelligence into the world of law, in particular in administrative proceedings. While on the one hand, several parties are highlighting some unquestionable advantages arising from the introduction of machine learning, hyper-computation, and research systems, on the other hand, the world of law is an extremely delicate sphere in which to experiment with such processes. The need for a well-considered decision, for individualised reasoning on a case-by-case basis and above all the human point of view are central to a decision that is fair, just and individualised. In the first paragraph, I will provide a critical overview of the newly introduced Italian legislation on AI to give some context. In the second paragraph, I will describe the first projects aimed at introducing AI into the administrative sphere. In the third section, I will focus on the relationship between AI and judicial review of technical discretion, and on the possible procedural repercussions of a massive extension of artificial intelligence to administrative activities marked by technical discretion. Finally, in the fourth section, I will discuss a case of discriminatory administrative proceedings resulting from AI systems adopted by the public administration. Through this descriptive outline, I intend to propose a framework for a broader critical analysis that aims to protect the rights of individuals, especially when they are also “weak subjects”.
The development of digital technologies, especially artificial intelligence, offers both advantages and challenges within the legal system. While AI improves efficiency and consistency in public administration and justice, it raises issues such as algorithmic bias, less transparency and legal accountability problems. Over-reliance on algorithms may worsen inequities and threaten legal legitimacy. This article advocates for a hybrid regulatory model that combines strict and flexible laws, judicial oversight of algorithmic decisions, and the use of Explainable AI (XAI) to enhance transparency. The Constitution should guide AI regulation, prioritizing human rights and the rule of law to position algorithms as beneficial tools for a fair digital legal system.
The aim of this study was to identify the fundamentals for the effective application of artificial intelligence (AI) in the legal field through analysing theoretical frameworks and comparing international regulatory models. The research was based on a systematic review of academic literature and a comparative analysis of regulatory approaches. Five key theoretical paradigms concerning AI use in jurisprudence were identified: technological determinism, which asserts the inevitable transformation of legal practice; critical legal theories emphasising the reproduction of structural biases; socio-technical constructivism with its concept of mutual co-determinacy between law and technology; regulatory realism focusing on practical normative measures; and the institutional approach that examines the adaptive processes of legal organisations. The study revealed varying levels of technological maturity across different areas of legal activity, with the automation of legal research and document analysis demonstrating the highest development, while the automation of judicial proceedings remains experimental. A comparative analysis of the regulatory models of the European Union, the United States, and Singapore uncovered three fundamentally different regulatory philosophies: a preventive European approach with mandatory certification and fines of up to 6% of global turnover, a market-driven American model with minimal state intervention, and a pragmatically flexible Singaporean approach with voluntary standards. The categorisation of challenges associated with AI use included nine risk categories, from technological hallucinations to institutional transformations within the legal profession.
This paper examines the tax system applicable to digital content creators, with particular focus on so-called YouTubers and influencers who relocate their residence to jurisdictions with lower tax burdens, such as the Principality of Andorra. The study begins with the digital migration phenomenon and explores its legal, economic, and ethical background, analysing the Spanish and Andorran regulations of the IRPF, as well as the agreement to avoid double taxation signed between both states. The author contends that, beyond the formal place of residence, the artistic nature of the activity and the location where it is performed must be considered-essential criteria within the framework of international tax law. Furthermore, the influential role of the audience and the income generated by notoriety in a particular country are introduced as key factors in determining the taxation. In this regard, a functional interpretation of the principle of tax territoriality is proposed, especially relevant in a context characterised by digitization and globalization of business models.
Among the main challenges posed by remote work in the context of enterprise digitization is the need to reconcile its role as a suitable mechanism for exercising reconciliation rights with the parallel requirement to ensure full respect for the right to genuine and quality rest. This essay explains how the false illusion of freedom to self-organize, time flexibility, and self-imposed work demands, alongside domestic and caregiving tasks, create a labour overload for women. From this premise, it analyses how telework, far from constituting a neutral scenario, reproduces and accentuates gender inequalities, both in the work and risk-prevention spheres. Furthermore, it is important to assess the specific ergonomic and psychosocial risks affecting workers within this organizational model. This is crucial because ergonomic risks from furniture or equipment that do not consider women's anthropometric specifics compound the psychosocial risks, which become more complex in digital environments. In healthcare, the physical, emotional, and labour-related costs for women are higher, mainly due to the challenging management of work hours. Likewise, the emergence of new forms of technology-mediated workplace violence cannot be overlooked in this investigation, with cyberbullying occupying a central role since it represents a psychosocial risk of particular complexity within the context of remote work. Therefore, the aim of this paper is to analyse the impact of remote work on workers' rights from a gender perspective, focusing on aspects such as work-life balance, prevention of occupational risks-particularly ergonomic and psychosocial-workplace harassment mediated by technologies and the right to digital disconnection.
Telework has become widespread and consolidated since the coronavirus pandemic, as it proved to be an optimal solution for maintaining economic activity and employment. However, since this is a remote work modality that involves the employee's relocation from the place where the company is based to their private residence, it also entails a change in the applicable legal framework if such relocation involves moving to another country, region, or municipality. Obviously, this change also has tax implications, as it determines which tax laws will apply according to the new territory. In multi-level states, such as Spain, these changes can affect state, regional, and local taxes. This paper addresses the effects of teleworking on the municipal tax on economic activities, especially the conditions for its application and the tax benefits available under this local tax.
This paper critically examines Denmark’s proposed amendment to its Copyright Act, particularly section 73(a), which aims to grant individuals intellectual property protection against the unauthorized sharing of realistic, digitally generated imitations of their physical traits (deepfakes). While recognizing the well-intentioned aim, this study contends that the Danish proposal is fundamentally flawed both conceptually and teleologically. The analysis demonstrates that copyright law is an inappropriate framework for safeguarding elements of personal identity. A significant teleological mismatch exists: copyright law promotes economic and cultural objectives by encouraging the creation of works, whereas personality rights are grounded in the principle of human dignity. This misalignment risks turning intrinsic personality traits into commodities and undermining the coherence of the copyright system. The study proposes that Spain’s Organic Act 1/1982 on the civil protection of the right to honour, privacy and one’s own image offers a more suitable alternative. Despite its origins in the 1980s, this act’s substantive and procedural design effectively addresses technological challenges such as deepfakes without requiring major reforms. The paper concludes that reinforcing existing civil protection mechanisms provides a more consistent solution than relying on copyright law.
The article explores the right to digital disconnection, particularly in the context of telework, from a European perspective. It examines proposals launched by European political institutions, social agents, and academic entities within the European Union regarding whether remote work should be regulated in Europe and, in particular, the right to digital disconnection. It also considers how such rights might be exercised and implemented. Additionally, the article offers a comparative legal review of the regulations enacted by Member States concerning remote working and the right to disconnection. Finally, it discusses the current legal framework in Spain concerning disconnection and how recent judicial decisions are influencing it, partly influenced by developments within the European Union.
In the context of digital evidence, the issues of admissibility, authenticity, reliability, and compliance with procedural standards remain contentious in the legislation and judicial practice of many countries worldwide. The existing challenges in the use of digital evidence in pretrial investigations highlight conflicts between safeguarding personal data and the need for its use in investigations. These challenges are worsened by the increase in cybercrime, with online fraud ranking prominently among other forms. This paper aims to analyse current challenges related to the use of digital evidence in online fraud investigations and propose potential solutions. The above issues are examined in terms of their relevance to the legal system and regulatory framework of Kazakhstan. The findings reveal that in the current circumstances, the primary challenges in the field under study are both issues typical of conventional forensics (e.g., the absence of a court warrant or sanctions for collecting digital information, non-adherence to data retention and analysis requirements) and more recent problems (e.g., disruptions to the chain of digital evidence, the use of unlawful methods for collecting digital evidence). The modern demands of the forensics industry necessitate a thorough reassessment of approaches to training forensic investigators, with the establishment of a separate specialization.
This paper aims to explore a novel aspect of Directive (EU) 2024/2853 (PLD): the manufacturer's liability for continuous product learning. This is a new criterion for evaluating product defectiveness that integrates artificial intelligence. The PLD pays limited attention to this matter, so the study aims to identify the conditions under which a product's continuous learning might be deemed defective. Firstly, it is argued that this basis for assessing whether a product is defective should be understood to apply to generative AI systems, rather than to AI systems that do not change their behaviour after deployment. Secondly, the ten-year limitation period for holding the manufacturer liable, starting from the time the product was placed on the market or put into service, seems unsuitable for products that undergo continuous learning, as their features may change over time. Thirdly, the crucial factor enabling the manufacturer's liability is that the product remains within the manufacturer's control, allowing modifications to correct defects caused by continuous learning.
Blockchain technology is considered one of the most intriguing innovations in today's society. Its key appeal lies in the unique features it offers for user transactions within its systems. However, alongside its benefits, there are also disadvantages that could pose risks to current legal frameworks. In this context, the anonymity that enables users to operate in some Blockchains complicates the application of existing laws. This highlights the need for alternatives, such as implementing an encrypted identity that can be disclosed under certain circumstances to ensure legal certainty and rule compliance.
This article analyses the Spanish expatriate regime, regulated in Article 93 of the Personal Income Tax Law (LIRPF) and updated in 2022. This regime is designed to attract international talent through preferential tax treatment. In this context, international teleworkers represent an opportunity to stimulate the economy and promote the retention of highly skilled professionals. However, the measures adopted by the Spanish legislator in this sphere also create new scenarios that challenge tax competition in a relatively unexplored and underconsidered area by international and European institutions: income earned by individuals in digital environments and the potential abuse of tax advantages. Additionally, it will be demonstrated that including international teleworking within the Spanish expatriate regime could distort the concept of tax residency and increase inequalities among tax residents due to disparities in their taxation.
This article analyses the impact of transnational teleworking on the taxation of digital artists employed by others, proposing a reinterpretation of Article 17 of the OECD MC in the light of the digital transformation. Based on a functional definition of the digital artist as one who performs creative activity through technologies and without physical presence, the study examines various professional profiles (streamers, XR performers, virtual musicians, etc.) who carry out their work in unlocated environments, posing challenges for competent tax jurisdictions. It is argued that, when there is a personal, public, and scenic performance-even in digital format-Article 17 can be applied, enabling the Receiving State to tax the income. Conversely, if the activity lacks public exposure or is limited to technical tasks, Article 15 should be utilized, vesting the taxing rights in the State of residence. The work also analyses the effects of the Employer of Record model and the economic employer figure, proposing interpretative solutions that avoid tax avoidance. Finally, it is suggested that future tax agreements include a clause allowing digital live performances to be considered as carried out in the territory where they are received, to adapt the conventional framework to contemporary digital cultural reality.
