EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal Structure

The European Union (EU) has embraced the “twin transition” – the simultaneous pursuit of digitalisation and ecological transformation – as a cornerstone of its industrial policy. EU lawmakers argue that digital technologies can advance environmental protection by enhancing environmental monitoring,...

Full description

Saved in:
Bibliographic Details
Main Author: Aude-Solveig Epstein
Format: Article
Language:English
Published: Cambridge University Press
Series:European Journal of Risk Regulation
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S1867299X25100299/type/journal_article
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1849232962708570112
author Aude-Solveig Epstein
author_facet Aude-Solveig Epstein
author_sort Aude-Solveig Epstein
collection DOAJ
description The European Union (EU) has embraced the “twin transition” – the simultaneous pursuit of digitalisation and ecological transformation – as a cornerstone of its industrial policy. EU lawmakers argue that digital technologies can advance environmental protection by enhancing environmental monitoring, optimising resource use, and enabling data-driven sustainability efforts. However, this vision tends to overlook the environmental costs of digitalisation, including rising energy and water consumption, intensive resource extraction, and the proliferation of electronic waste. This article critically examines whether EU law is adequately equipped to support a twin transition, drawing on a black-letter analysis of EU legal provisions, as well as insights from science and technology studies and critical environmental law. It posits that, while environmental law plays a significant role in the datafication of the environment and the digitalisation of society, it falls short in regulating digital technology and data in ways that advance sustainability. For the twin transition to evolve beyond a political slogan and deliver real ecological benefits, substantial legal reforms would be required. The regulation of digital technology would have to move beyond corporate self-regulation and disclosure-based models of environmental governance. Data governance should be reoriented to emphasise freedom of access and a more deliberatively restrained approach to data generation.
format Article
id doaj-art-42e912c1406f4210a61487eb7a000cff
institution Kabale University
issn 1867-299X
2190-8249
language English
publisher Cambridge University Press
record_format Article
series European Journal of Risk Regulation
spelling doaj-art-42e912c1406f4210a61487eb7a000cff2025-08-20T13:13:04ZengCambridge University PressEuropean Journal of Risk Regulation1867-299X2190-824911710.1017/err.2025.10029EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal StructureAude-Solveig Epstein0https://orcid.org/0009-0005-9678-1474Associate Professor at Paris Nanterre University (CEDCACE), Visiting Associate Professor at NYU Abu Dhabi and Associate Researcher at SAFIRThe European Union (EU) has embraced the “twin transition” – the simultaneous pursuit of digitalisation and ecological transformation – as a cornerstone of its industrial policy. EU lawmakers argue that digital technologies can advance environmental protection by enhancing environmental monitoring, optimising resource use, and enabling data-driven sustainability efforts. However, this vision tends to overlook the environmental costs of digitalisation, including rising energy and water consumption, intensive resource extraction, and the proliferation of electronic waste. This article critically examines whether EU law is adequately equipped to support a twin transition, drawing on a black-letter analysis of EU legal provisions, as well as insights from science and technology studies and critical environmental law. It posits that, while environmental law plays a significant role in the datafication of the environment and the digitalisation of society, it falls short in regulating digital technology and data in ways that advance sustainability. For the twin transition to evolve beyond a political slogan and deliver real ecological benefits, substantial legal reforms would be required. The regulation of digital technology would have to move beyond corporate self-regulation and disclosure-based models of environmental governance. Data governance should be reoriented to emphasise freedom of access and a more deliberatively restrained approach to data generation.https://www.cambridge.org/core/product/identifier/S1867299X25100299/type/journal_articleDigitalizationEnvironmental Lawsustainabilitytechnologytwin transition
spellingShingle Aude-Solveig Epstein
EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal Structure
European Journal of Risk Regulation
Digitalization
Environmental Law
sustainability
technology
twin transition
title EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal Structure
title_full EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal Structure
title_fullStr EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal Structure
title_full_unstemmed EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal Structure
title_short EU Environmental Law in the Digital Age: A Critical Outlook on the Twin Transition’s Legal Structure
title_sort eu environmental law in the digital age a critical outlook on the twin transition s legal structure
topic Digitalization
Environmental Law
sustainability
technology
twin transition
url https://www.cambridge.org/core/product/identifier/S1867299X25100299/type/journal_article
work_keys_str_mv AT audesolveigepstein euenvironmentallawinthedigitalageacriticaloutlookonthetwintransitionslegalstructure