The European Union’s Pursuit of Digital Sovereignty Through Legislation

Abstract

In recent years, calls for promoting Europe’s digital sovereignty have gained traction in Europe, including in EU policy circles. A digitally sovereign Europe, it is hoped, will be able to more effectively and autonomously control the use of digital technologies, services, and data in Europe. This Article aims to shed light on the concept of digital sovereignty and its relevance for the EU’s ongoing efforts to (re-)shape the rules of cyberspace through legislation. To this end, the Article attempts to develop a coherent understanding of digital sovereignty. Based on this understanding, the Article then analyzes how the EU has attempted to promote its digital sovereignty through legislation. It argues that the pursuit of digital sovereignty can be seen as an overarching goal and framework for a wide range of recent legal acts, including the Artificial Intelligence Act, the Digital Services Act, and the Digital Markets Act. The Article concludes by discussing the desirability of digital sovereignty as a legal and political goal and by considering some of the main criticisms of the EU’s pursuit of digital sovereignty.