This conversation brings together national and international policymakers to discuss the impact of digitalisation on access to justice. The background of the discussion is provided by the United Nation’s Global Goal 16 to ‘provide access to justice for all’. The policymakers contributing to this conversation represent the ministries of justice of Germany and Japan, the Organisation for Economic Co-operation and Development (OECD), the International Institute for the Unification of Private Law (UNIDROIT) and the Pathfinders for Peaceful, Just and Inclusive Societies. The discussants explore the potential of technology to provide meaningful access to law and justice. They do so within the context of their organisation’s policy initiatives such as digitalising courts and other justice institutions. Referring to reform experiences, they pay attention to facilitators and barriers of technological change. The policymakers also consider the risks of technology for access to justice and emphasise the need to keep digital vulnerability in mind.

This chapter focuses on the litigation that followed the tsunami, which hit the Okawa Elementary School. The tsunami resulted in the death of the children visiting the school. The following litigation concerned the question of whether appropriate safety measures had been put in place at the school before the tsunami occurred. The two lawyers leading the litigation for the parents of the children report on how they used innovative approaches in the litigation proceedings. The legal innovation employed concerns the composition of the litigation team, the involvement of the children’s parents, the creation of witness statements addressing the emotional aspects of the disaster, the identification of the entity that should be liable, the doctrine determining liability, digitalisation of litigation and the distribution of risk in modern societies.

Chapter 1 provides a broader picture of electronic evidence and digitalisation. After an overview of the latest EU digital and security strategies and their basic principles, it analyses specific far-reaching legislative instruments based on new ideas of EU criminal law prevention, reaction and cooperation in the digital age. It then analyses the main right affected by the new approach and instruments – the right to privacy – from a historical perspective and a modern understanding through concepts developed initially by the case law of the US Supreme Court. It addresses the question of what legal boundaries are necessary in the digital age for such a right to still be an effective one. Last, the chapter looks at the aspects of digitalisation in the EU criminal law justice area that pose the most questions when comparing digital cross-border cooperation with classical cross-border cooperation based on mutual recognition. It considers judicial (court) authorisation and its meaning, oversight and extraterritorial application of legislation in that regard.

In this chapter, I show how the current shift to digitalising tax administration in Kenya is connected to its colonial fiscal structures both in its design and implementation. Firstly, the idea that technology can help economic development in countries like Kenya has existed since colonial times and still features in current policies that endorse technology for economic development. Secondly, colonial structures are also present in the implementation strategies of a digital platform like the e-filing system central in this case study as they rely on colonial infrastructures for implementation. ITax, the e-filing system that is the focus of this chapter, was implemented quite rapidly and made mandatory within a short period. This chapter argues that the ‘promise’ of digitalisation as a driver of sustainability, modernisation, and economic growth is outweighed by the harm done by colonial history impacting its practice. I argue that colonial fiscal policies are still shaping Kenya’s tax practices. A closer look at Kenya’s colonial fiscal history is important for understanding how the current tax systems are shaped and informed by past practices.

This chapter investigates tax payments and self-making amongst Romanian migrants in London. Vicol demonstrates how taxation is a mode of anchoring oneself in a moral order premised on self-sufficiency. Although the UK’s mainstream media cast Romanian migrants through tropes of welfare dependency, Romanian self-narrations as hard working, taxpaying subjects enabled interlocutors to constitute themselves as good migrants. However, becoming a taxpayer in practice was also an exercise in a particular type of bureaucratic literacy. A host of digital barriers, language deficiencies, and unhelpful bureaucrats drove many to seek out private consultants who made a business of helping their co-nationals decode their obligations to HM Revenue and Customs. Thus, this chapter also explores taxpaying as a technical exercise of making oneself legible through the language of the fiscal authority. Taxation becomes part of the making of the migrant subject. It is about the paradoxical ways in which a digitising state premised on self-reliance prompts affirmations of independence at the level of discourse, while simultaneously generating new networks of dependency in practice.

Access to Austrian employment law is dependent on whether an individual can be regarded as an ‘employee’. Essentially, the idiosyncratic protection provided by employment law is awarded based on a binary option: the subordinate ‘employee’ in contrast to the self-employed person. Intermediary categories – such as the ‘quasi-subordinate’ status – are mere exceptions, although with increasing importance.

Austrian law does not provide a given notion of the ‘employee’. The Austrian Civil Code came into force in 1812, when special protection for employees was not considered necessary.

Denmark is a Scandinavian country of 5.8 million inhabitants. It is a constitutional monarchy, and state powers are divided between the parliament (legislative), the government (executive), and the courts (judiciary). The rule of law is a fundamental principle in the Danish legal system. Denmark is one of the richest countries in the world, and presumably also among the happiest. In the area of digitalisation, Denmark is among the most digitalised countries in the EU as well as globally.

Defining the employment relationship in the United States is not an endeavor for timid souls. The hallmark of American work law, especially its classification of employees and employers, is confusion. And that confusion has only intensified as emerging technologies have changed both the way that many people work and their relationship to the companies that profit from that work. The result of this trend has been an amplification of a long-existing problem: the exclusion of workers from workplace protections because they fall outside statutory definitions of the employment relationship.

Since the Dutch debate about the digitisation of labour is often reduced to a debate about how to qualify a contract between a worker and the platform they work through, or work for, the definition of the term ‘employment contract’ deserves a lengthy discussion. This approach means that the other effects of technological changes, such as changes in the organisation of work owing to changing structures of authority, receive far less attention. In Section II, I examine the definition of an employment contract and the obligations associated with employment contracts, partly to distinguish them from contracts for services. I also discuss the incentives for avoiding employment contracts or the associated obligations. As a result, Section II also includes discussions of flexible employment relationships, domestic work, and, of course, contracts for services, each – to the extent possible – in light of technological developments.

Technological innovation has disrupted standard forms of employment and fragmented the world of work, creating new digital sites of work and new modes of work organised around digital platforms. The arrangements for platform work, which vary in form and substance, defy classification in terms of the traditional configuration of employment and bypass the boundaries of South African labour law. Even the net of protection designed to provide labour rights for atypical (non-standard) forms of work is inadequate and excludes vulnerable workers in the digital economy from its scope. As such, work in the digital economy is largely ‘characterised by an absence of effective labour regulation’.

In 1969, David A. Morse received the Nobel Peace Prize on behalf of the International Labour Organization (ILO). In his Nobel Lecture, the then Director-General (DG) explained how the organization contributes to ‘an infrastructure of peace’ by providing Member States with ‘a meeting ground’ for cooperation and dialogue. This meeting ground is characterized by tripartism and universalism, two qualities that make the ILO stand out. Tripartism, in which governments and workers’ and employers’ representatives discuss and decide on all ILO action, ‘was both the most daring and the most valuable innovation of the Peace Conference’. By setting up the ILO in tripartite fashion, the social dialogue between trade unions, employers’ organizations, and governments was presented as a viable approach to resolving social conflict. As Morse suggested, if tripartism ‘could be accepted and applied in Geneva, why not at home?’.

The fourth industrial revolution, the economy 4.0, the digital economy … all these terms refer to the profound processes of transformation that are changing the lives of people all over the world. Despite there being no consensus on the founding principles of the digital economy, some basic common points are frequently mentioned in all research studies: the key role played by platforms, robotization, and digital intelligence; the importance of network effects and the use of big data; the emerging model of Industry 4.0; and the increasing profitability of technological investments. Digitalization is changing the economy, our societies, our daily lives, and it is having an especially significant impact on employment, working, and social conditions. In fact, it is one of the major concerns and study targets in the framework of the initiative and activities promoted by the International Labour Organization (ILO) regarding ‘The Future of Work’.

In 2019, the report of the Global Commission on the Future of Work of the International Labour Organization (ILO), Work for a Brighter Future, called for ‘technology in support of decent work’. Affirming that ‘labour is not a commodity; nor is it a robot’, the report insisted on the necessity of making sure that technology is ‘human-centred’ and that a ‘human-in-command’ approach to technology prevails. Whether labour law, as it stands, is sufficiently equipped to reach this goal is a difficult question.