The regulation of non-invasive neurotechnologies in the EU single market: A rights-orientated approach in a goldmine of data

Bárbara Antunes Goldman (Master's student in European Union Law at the School of Law of the University of Minho)
           

The Spanish Presidency of the Council of the European Union, which runs from 1 July to 31 December 2023, has expressed its commitment to the digitalisation of Europe, especially with regard to raising awareness of the need for proper regulation of non-invasive neurotechnologies in the European Union (EU) and preparing its Member States for what lies ahead.

To this end, in October 2023, an informal ministerial meeting was held in the city of León, where the Telecommunications and Digital Ministers of the EU Member States met to discuss the paths to be taken so that the EU can consolidate itself as a global reference in the protection and recognition of digital rights. This meeting resulted in the León Declaration on European Neurotechnology: A Human Centric and Rights-oriented Approach.[i]

Neurotechnology is a significant part of the current wave of technological developments that converge neuroscience, digitalisation, and artificial intelligence, promising remarkable improvements in mental health, well-being, and productivity. This novel neurotechnology offers “devices and procedures used to access, monitor, investigate, assess, manipulate, and/or emulate the structure and function of the neural systems of natural persons.[ii]

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