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September 5, 2025

The Regulation that Cried Wolf: Generative AI Training Data and the Challenge of Lawful Scale

This essay examines how the EU’s Digital Markets Act unintentionally reshapes the foundations of generative AI. By barring gatekeepers from relying on “legitimate interest” as a legal basis for processing personal data, the DMA creates a fragmented two-tier regime: smaller firms retain flexibility, Europe’s largest AI deployers face structural limits on scale. The piece argues...
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