“Problems of Proving Civil Liability in the EU’s Digital Space”
Dr. Dimo Gospodinov
A practical toolkit for lawyers, policymakers, and academics navigating civil liability in the digital age.
ABOUT THE BOOK
This book explores the legal process of proving, broadly encompassing what parties must demonstrate (burden of proof), how convincingly (standard of proof), and procedural rules for submitting, admitting, and evaluating evidence. Focusing on civil liability within the European Union’s digital space, it examines how digitalisation creates new challenges for proving facts in court and how EU law has responded — particularly through the adjustment of proof-related rules.
To do so, it begins by examining the theoretical underpinnings and judicial practice related to burden and standard of proof in EU law, drawing comparisons with Member States, the UK, and the US. It identifies both shared principles and deviations from traditional rules, exploring their purpose and role in adapting liability mechanisms for different political or practical purposes.
The book then investigates whether the deviations from burden and standard of proof are being used deliberately as tools to reshape civil liability within the EU’s digital space. This is done by examining a growing body of EU legislation and policy instruments that increasingly rely on modifying burden and standard of proof — analysing their specific legal manifestations, the reasons behind their adoption, and the objectives they aim to achieve within EU policy.
The book also explores the role of electronic evidence in civil litigation within the digital space, where many facts arise or leave traces in electronic form. It examines the rules on admissibility and reliability under EU law, Council of Europe standards, and national case law, highlighting their relevance to meeting the standard of proof.
WHO IS THIS BOOK FOR?
This book is designed to be an indispensable resource for legal professionals at every level, offering practical tools and cutting-edge theory.
For Litigators & Judges
Gain a clear framework for winning arguments in digital disputes. This practical toolkit equips you with a flexible, modern approach to proof — essential when dealing with opaque evidence like AI outputs, platform logs, or blockchain traces where traditional methods fall short.
For Legislators & Regulators
Learn how to use proof rules as effective policy levers. This study shows how targeted adjustments to legal standards can directly advance public goals like consumer protection, data security, and AI safety, illustrated with concrete examples from recent EU legislation.
For Scholars & Researchers
Access a unified theory for EU private law. This work consolidates the vocabulary for burden of proof, standards, and electronic evidence, clarifying the EU’s growing role in harmonizing civil liability and procedure across Europe.
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