Tutele civili e controllo dei cosiddetti poteri privati digitali

The essay explores the oversight of so-called ‘private digital powers’ through civil remedies, situated within a broader reflection on the boundary between private and public law. The analysis begins with the new European regulatory framework, specifically the Digital Services Act (DSA), which imposes duties of conduct to mitigate systemic risks, such as the spread of ‘illegal’ content and user manipulation. These duties embody the principle of objective good faith. Consequently, they curtail the unilateral authority of entities wielding this private power, requiring them to protect the ‘vulnerable’ party. In terms of enforcement, the essay examines the complementarity of public and private remedies (including non-compensatory ones). Rather than serving as a mere appendage to public regulation, private remedies address the user’s direct interest in a ‘safe’ digital environment, thereby preserving the conceptual distinction between public and private law.