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Full Reference: Frison-Roche, M.-A., Compliance Law, an adequate legal framework for GAIA-X, in "The World with GAIA-X", Pan-European GAIA - X Summit November 2020, 18 November 2020.
Summary of the intervention in the Round-Table with professors Jacques Crémer and Achim Wambach:
Europe may offer an adequate legal framework for the GAIA-X project through Compliance Law. Compliance Law is a new forme a Regulatory Law, driven by "Monumental Goals", negative Monumental Goals, for instance prevention of systemic failures, and positive Monumental Goals, for instance innovation or stability. This very new branch of Law works on these Monumental Goals, which must be explicit and internalized in Crucial Enterprises. These Crucial Enterprises concretize these Goals, supervised by public Authorities.
European Compliance Law already works, for instance about Personal Data protection (case law and GDPR) or prevention banking systemic failures (Banking Union), Compliance Tools being in balance with Competition principle. European Union Law is moving from the Ex Post Competition Law to the Ex Ante Compliance Law, internalizing Monumental Goals in Crucial Enterprises.
There is a perfect adequacy between European Compliance Law and GAIA-X. This project built by Crucial Enterprises must be supervised by public authority, maybe a specific or the European Commission. The governance of GAIA-X must be transparent and accountable. This private organization must use it powers in respect of the proportionality principle, controlled by the public supervisory body. The legal framework is required but it is sufficient.
See the video of this intervention.