Discrimination in the Age of Algorithms—Is EU Law Ready?

As both public and private actors increasingly use artificial intelligence in their decision-making processes, algorithmic discrimination is one of the main risks of the transition to the digital age and the emergence of algorithmic states. This chapter considers the fitness for purpose of the current European Union (‘EU’) legal framework in the face of this risk, as well as how it can evolve to better address it. Firstly, it does so by showing how algorithmic discrimination pushes the boundaries of the current EU non-discrimination framework, discussing the three types of challenges it raises and focusing on those related to the narrow personal and material scope of the framework. It then presents how existing constitutional tools, the Charter of Fundamental Rights of the European Union and the general principles of EU Law, and emerging ones, such as the Artificial Intelligence (‘AI’) Act and the AI Liability Directive, could be used to respond to the challenges raised by algorithmic discrimination and ensure the effective protection of the metaprinciple of equality in the age of AI.