The growing use of algorithms by public administrations and in private relationships raises many important legal questions. If we consider, for example, private transactions entered into on multi-sided market platforms such as Airbnb, Uber or Amazon, we are immediately confronted with questions about the variables that shape them, the mechanisms that drive outcomes, and the impact of these outcomes have for individuals’ rights and. Moreover, we see that individuals’ rights often depend on the transparency of the variables and mechanisms underlying algorithmic decisions, as it is only through this level of transparency that discriminatory treatment or outcomes can be detected and accountability can be achieved.

AlgorithmLaw focuses on individuals’ rights from a comprehensive and broad perspective. Algoritms are increasingly used in vertical relationships between public bodies and individuals, but also in horitzontal relationships between private individiduals in private transactions, such as those that on digital, multi-sided market platforms. Fundamental rights and economic rights are often at risk, partiularly when consumers are blindfoldeded by algorithmic blackboxes and a lack of transparency regarding the variables and mechanisms behind decisions, and are thus unable to achieve accountability for biases and discrimonatory decisions. As of today, neither European law nor Spanish law provide the legal instruments to ensure algorithmic transparency or to enable accountability and redresss for discriminatory outcomes resulting from algorithmic decisions. 

The project has the following objectives structured around 3 main issues:

1) Mapping algorithmic disruption through (1) Obtaining the legal implications of algorithmic design of multi-sided market platforms and the liquid content of legal rights and (2) Mapping disruption of algorithmic multi-sided market platforms in order to design effective legal policies. 

2) Opening the black box of algorithmic decisions by studying how algorithmic transparency can be enhanced in order to contest decisions adopted by algorithms used by public administrations when they may result in biased and discriminatory outcomes violating individuals’ fundamental rights as well as studying the use of algorithms as an inherent element of multi-sided market platforms and provide an understanding of (a) the status of the multi-sided market platform with which consumers transact, (b) the role of consent in accessing and processing consumers’ personal data and (c) the impact of the use of personalized algorithmic consumer contracts for the consumers’ welfare 

3) Normative proposals for enhancing algorithmic transparency and compliance with individuals’ rights  by developing a regulatory agenda for addressing the challenges presented by algorithmic decisions from the perspective of public law – algorithmic decisions used and adopted by public administrations – and private law – algorithmic decisions in multi-sided market platforms, with particular focus on algorithmic consumer contracts.