The Erasmus Center of Law and Digitalization (ECLD) was recently established, an initiative stemming from the 'The Sectorplan SSH-Breed: The Influence of Digitalisation on Work, Prosperity and Entrepreneurship'. This sector plan is a collaboration between various universities and faculties. At Erasmus School of Law, research and education on the interaction between law and digitalisation have been ongoing for quite some time. The ECLD was created to consolidate initiatives and further stimulate research into law and digitalisation. Sascha van Schendel, assistant professor of Data Protection and Cybersecurity at Erasmus School of Law, has researched data protection and cybersecurity for years. At the ECLD, she continues her work, and in this article, she shares more about the new centre.
Personal affinity with law and digitalisation
Van Schendel completed her PhD research at Tilburg University. She was part of the Tilburg Institute for Law, Technology and Society there and became fascinated by data protection and cybersecurity. She explains: "After all these years, I still find data protection law a beautiful legal field because the developments in both legislation and technology happen so fast and because data protection is relevant to much of what we do in our daily lives. Think, for example, about the use of smartphones and social media." Van Schendel further explains that cybersecurity has long been viewed as a technical issue, but that is now changing. The introduction of new European regulations and the increasing cyber threats, from hacked universities to leaked consumer data, have made cybersecurity a current legal topic. In addition to data protection and privacy, Van Schendel is now also focusing as an assistant professor on the legal developments surrounding cybersecurity, both at the European and national levels.
Law and technology: Legal challenges
According to Van Schendel, one of the biggest challenges in cybersecurity and data protection is the pace at which these are regulated. She says: "This so-called 'pacing problem,' where the law lags behind the development of technology, has existed for decades but is now being intensified by the rapid development of Artificial Intelligence (AI) and the exponential increase in data in the world." For example, Van Schendel explains that the General Data Protection Regulation (GDPR) is crucial to data protection legislation. However, the concept of 'personal data' is becoming increasingly problematic, as almost all data today can be traced back to individuals. She notes that a similar issue arises with AI: the AI Act, an attempt by European lawmakers to regulate AI in time, risks either coming too early, leaving new applications outside the law, or being too vague, complicating compliance. At the same time, BigTech companies outside the EU are gaining more influence, making legal enforcement difficult. In the field of cybersecurity, a similar challenge arises, where political relationships and cross-border cyber threats make it difficult to develop appropriate legislation. This requires legal solutions and sufficient technical expertise for implementing cybersecurity legislation.
Erasmus Center of Law and Digitalization
The ECLD emerged from the Sectorplan SSH-Breed, in which several universities collaborate. At Erasmus University Rotterdam (EUR), various faculties are involved, such as Erasmus School of Economics, Erasmus School of History, Culture and Communication, Rotterdam School of Management, Erasmus School of Philosophy, Erasmus School of Social and Behavioural Sciences, and Erasmus School of Law. The Sectorplan SSH-Breed is dedicated to the societal effects of digitalisation and highlights these from five different perspectives. Van Schendel works within the theme of data and cyber harms. She elaborates: "I work at the ECLD as an assistant professor, which means I conduct research and teaching relevant to the centre. I collaborate with colleagues from the entire Erasmus School of Law faculty. I also collaborate with other colleagues within the Sectorplan who do not work in the law faculty. Since my research covers many topics, I can easily find common ground with colleagues within the ECLD. Our different perspectives lead to innovative research. I work within existing collaborations, and at the ECLD, I have the opportunity to forge new partnerships."
Collaboration
Van Schendel believes that collaboration and strengthening these connections are the most significant added value of the ECLD. "Within the centre, it is easy to find other researchers working on the same topics and thus expand my network and impact. This can happen, for example, through all the internal and external events that the centre organises, but also because there is an overarching structure in which you can easily share initiatives and ideas. With the ECLD, it is also easier to externally promote ourselves - researchers at Erasmus School of Law - and thus find collaborations with other faculties within EUR, researchers from other universities, and other actors in society. In this way, your research and you as a person gain a defined place within EUR. For example, through the ECLD and the Sectorplan, we have developed legal education for another faculty within EUR, and I am busy with colleagues at the ECLD preparing events and writing a research paper."
New developments
In the near future, we can expect several new publications, for example, in the field of AI and police use or the relationship between new technologies and energy law. The ECLD is also developing a course on fundamental rights, data, and cybersecurity, which can be offered to various societal stakeholders. Additionally, according to Van Schendel, there will be exciting workshops and conferences on cybersecurity and digitalisation in the coming period. She enthusiastically concludes: "There is a lot to look forward to. It might sound cheesy, but I would say: keep an eye on the website and our social media!"
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