Artificial Intelligence in the EU Digital Market: Data Circulation and Fundamental Rights Protection

This article offers an in-depth analysis of the recent European regulatory framework governing artificial intelligence and data circulation, with particular regard to the structural tension between the objective of fostering economic growth within the digital single market and the imperative of safeguarding fundamental rights. Tracing the evolution of the European Union’s normative approach — from the initial emphasis on data protection, as enshrined in the General Data Protection Regulation (GDPR), to the emergence of a ‘Data Economy’ paradigm, embodied in the Data Governance Act and the Data Act — the study concentrates on the AI Act. Special attention is devoted to its legal architecture and, in particular, to the issue of civil liability for harms resulting from the deployment of AI systems.