Revista Justicia & Derecho

The Court of Justice of the European Union’s concept of originality and artificial intelligence

Felipe Osorio Umaña — 2025-07-15

This paper analyses whether the creations generated by autonomous artificial intelligence systems can be protected under EU copyright law. To do so, it starts by defining what an autonomous artificial intelligence is for the purposes of this work. Then, it reviews the Court of Justice of the European Union’s development of the originality requirement. It is argued that this requirement is key to determining whether these creations can obtain copyright protection. Finally, it is concluded that these creations are not protected by EU copyright law thus pertaining to the public domain.

Analysis of the Notion of Subliminal Techniques Contained in Article 5 of the European Union Artificial Intelligence Regulation

María Isabel Cornejo Plaza — 2025-09-08

The article examines the notion of subliminal, manipulative or deceptive techniques that are intentionally harmful and significantly and substantially influence the behaviour of individuals or groups of people prohibited in Article 5. 1(a, b and c) of the European Union’s Artificial Intelligence (AI) Regulation and in the Guidelines adopted by the European Commission in 2025 on prohibited practices in the field of AI established by the Regulation. As the Commission’s guidelines point out, subliminal techniques are currently more sophisticated with the use of neurotechnologies such as brain-computer interfaces, where there is a proliferation of cognitive biometric data, without the user’s awareness and sometimes even without their consent, which could cause harm and affect fundamental rights, for example in the area of personal data protection and neurorights, among others. This text also analyses the relationship between the use of AI, neurotechnologies and subliminal techniques that affect the aforementioned rights.

Artificial intelligence and creditworthiness assessment

Esther Arroyo Amayuelas — 2025-06-25

The paper examines the consumer’s rights when faced with automated data processing in the assessment of creditworthiness, in accordance with the EU General Data Protection Regulation and the most recent European legislation on consumer credit and artificial intelligence.

Towards the consolidation of a plural and sustainable model for the control of foreign investments and their impact on the european market

Carlos Esplugues Mota — 2025-07-03

Since 2017, the European Union has substantially modified its position on certain foreign investments originating from specific countries or intended for particular strategic economic sectors. This article analyses the complex, multifaceted European model designed to control foreign investment in strategic sectors. It emphasises a model based on the need to guarantee national security, promote reciprocity, and minimise unfair practices, which form the basis for accepting foreign investment flows. Assuming its constant evolution, the model is based on the following principles. The article concludes with an analysis of existing regulatory proposals to consolidate a sustainable approach.

Consent and Electronic Platforms

Betty Martínez-Cárdenas — 2025-09-24

The purpose of this article is to assess the manner in which the EU legislator has provided for the identification of a user’s consent on electronic platforms assisted by Artificial Intelligence (AI) and to what extent that person wanted to be bound. Such identification should, in principle, be carried out by the operator of the electronic platform itself, but it could also be sought by third parties and competent supervisory bodies. To this end, this study assesses the impact of the doctrinal trend known as Contractual Solidarism on the rules on the protection of consent in force in current European regulation, and, in particular, the Digital Service Act (DSA). The assessment confirmed the influence of this doctrinal trend on the way in which the determination in electronic commerce of whether or not there was consent at the time of contracting is regulated. Indeed, since the DSA creates new obligations aimed at guaranteeing civility, decency, and transparency in information at the pre-contractual stage; and those of coherence, advice and cooperation in the contractual, are all obligations that correspond to the application by the regulatory body of the active good faith widely promoted by Contractual Solidarity, which makes the act embody a new order once predicted by Professor Denis Mazeaud in France. The study also concludes that both consent and its magnitude can be identified, in principle, from the traceability of the diligent execution of those new obligations. Therefore, it is of fundamental importance that both users and operators of electronic platforms know the reason for their existence so that they can execute them efficiently and thus contribute to establishing a reliable contractual environment in the digital context.

The ethical design of digital products and services as an instrument to safeguard the dignity, freedom and mental health of users

Nathalie Walker Silva — 2025-06-25

This paper examines some addictive design strategies used by entertainment or interpersonal communication platforms and their impact on the dignity, freedom and mental health of users. In response to this, the argument is based on the need to safeguard human dignity from the very design of these products and services, based on an initiative of the European Parliament aimed at studying the legal loopholes in the matter and generating legislative proposals against addictive design.

Digital platforms and their role in sustainable resolution in the European Union

Silvia Barona Vilar — 2025-07-11

The work focuses on the analysis of the proliferation of digital platforms, a consequence of the digital, innovative and disruptive environment that accompanies us. These platforms make it possible to develop and launch the provision of services or products by companies, favouring e-commerce and e-consumption. The consolidated experiences of dispute resolution on some internationally recognised platforms, the projects (some of which have failed) of the European Union and the proposals in some countries make it possible to offer different paths, depending on the type of dispute, in an asymmetrical but modulated manner, in person or digitally, and even with algorithmic solutions.

The “Responsible” Use of Artificial Intelligence Systems and the Principle of Responsible Lending

Francisca María Barrientos Camus — 2025-07-11

The article examines the lack of regulation regarding the use of new technologies, particularly special artificial intelligence (AI) systems, within the framework of creditworthiness assessments as set out in Article 17 N of the Chilean Consumer Protection Act. It further analyzes the need to integrate this framework with current legal instruments and the pending bill aimed at regulating artificial intelligence in Chile.