WP 2: 

The second work package analyses when AI is discriminatory under current law and how the law responds to this.

To achieve this, the subproject analyses three reference areas – employment law, general civil law and social law. Here, the potential for discrimination has a particularly strong impact, on the one hand because AI is used in asymmetrical power relationships, and on the other because it concerns goods and services that are relevant to participation. Algorithmic decisions, therefore, are of paramount importance in determining how individuals can shape their own life paths.

The study therefore aims, on the one hand, to piece together the various elements of the existing doctrinal debate and, on the other hand, to identify legal gaps and – where possible – to close them with the help of a more responsive legal dogmatics.

In addition to the law itself, however, law enforcement is also to be examined, particularly the possibilities for collective redress. The influences of European primary law are also to be explored, particularly the horizontal effect of Article 21 CFR. The AI Act, whose core objective is already to prevent algorithmic discrimination, the Digital Services Act and the GDPR are also to be considered. 

In this area of work, cooperation is envisaged with all other subprojects.