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Discrimination in Online Platforms: A Comparative Law Approach to Design, Intermediation and Data Challenges

This doctoral thesis is at the intersection of law and technology by focusing on the ethical governance of private companies on the topic of discrimination. It centers on algorithmic and intentional discrimination. It aimed to determine whether the European Union and Federal USA law are equipped to address discrimination in the provision of work, goods, and services online. Through and extensive analyses of sources that included private company practices, private anti-discrimination policies, collective and private litigation, court decisions, public regulation at the EU, Member State levels, and United States, this thesis argued that statutory law and legal precedents in the European Union and United States are only partially equipped to address discrimination against statutorily protected classes. The author of this thesis inferred from the selected sources that the main obstacles to the full implementation of the equality principle rely on businesses' structural challenges, including aesthetic design, matching tools, evaluation systems, and network effect of online platforms that ultimately reinforce old biases against protected classes. Furthermore, rigid and more flexible regimes of liability immunities to online intermediaries results in the lack of incentive for structural changes. Finally, in the light of these structural challenges, this thesis asserts that the fight against discrimination in online platforms might produce the best results when also oriented by a model of regulation that encourages online platforms to implement the principle of transparency and fairness in their interactions with users, coupled with the cooperation of anti-discrimination bodies and private businesses. / Doctorat en Sciences juridiques / info:eu-repo/semantics/nonPublished

Identiferoai:union.ndltd.org:ulb.ac.be/oai:dipot.ulb.ac.be:2013/313295
Date23 October 2020
CreatorsCorrea Harcus, Ana Maria
ContributorsRorive, Isabelle, Frydman, Benoît, Van Waeyenberge, Arnaud, Robin-Olivier, Sophie, Ranchordas, Sofia SR
PublisherUniversite Libre de Bruxelles, Université libre de Bruxelles, Faculté de Droit et de Criminologie, Bruxelles
Source SetsUniversité libre de Bruxelles
LanguageEnglish
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/doctoralThesis, info:ulb-repo/semantics/doctoralThesis, info:ulb-repo/semantics/openurl/vlink-dissertation
Format4 full-text file(s): application/pdf | application/pdf | application/pdf | application/pdf
Rights4 full-text file(s): info:eu-repo/semantics/restrictedAccess | info:eu-repo/semantics/closedAccess | info:eu-repo/semantics/closedAccess | info:eu-repo/semantics/closedAccess

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