Module 4 / 7

The ecosystem

Who really makes the rules

11 min

Digital rules are not written by a single legislator: they result from a balance of power between institutions, companies, civil society, judges, researchers and technical bodies.

ParliamentsRegulatorsCourtsCivil societyCompaniesStandards
An ecosystem of power, influence and oversight.

4.1Those who write them

Parliaments and governments write the formal rules. At European level, the trilogues between the Parliament, the Council and the Commission are a central place of power, notably for the AI Act and its adjustments.

4.2Those who enforce them

Regulators and judges turn texts into reality. The CNIL, the European Commission, the CJEU, competition authorities and national courts can become geopolitical actors in their own right.

4.3Those who influence them: lobbying

The digital industry spends massively to influence the rules. Figures from Corporate Europe Observatory and LobbyControl give an order of magnitude: €151 million a year in lobbying of the European institutions, and more tech lobbyists than MEPs.

€151M
Annual tech lobbying spending targeting the EU
890
Full-time tech lobbyists in Brussels
720
MEPs in the European Parliament

4.4Those who challenge them

Civil society is one of the driving forces of the field: noyb, La Quadrature du Net, EDRi, AlgorithmWatch, Amnesty Tech, whistleblowers and investigative journalists have forced debates that institutions would not always have opened on their own.

4.5Those who shed light

Universities, think tanks, specialised administrations and the media shape the concepts that end up in laws: the Conseil d'État, Sciences Po, Institut Montaigne, AI Now, the Ada Lovelace Institute, Stanford HAI.

4.6Those who standardise

ISO/IEC, CEN-CENELEC, NIST, AFNOR, the IETF and W3C shape global rules without always going through parliament. Whoever sits on standardisation committees also shapes the law.

Sovereignty: France as a regulatory power

France has been a pioneer since 1978, with the CNIL, active digital diplomacy, the GPAI centre hosted in Paris, DINUM, open data and a "platform state" studied abroad. Its current tension: defending both its rules and its players.

Sources

Corporate Europe Observatory & LobbyControl, Tech industry now spending €151M lobbying the EU; Digital Watch; Euronews on European lobbying.

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