This thesis examines whether the traditional concept of Information Society Services (ISS) remains suitable in the era of generative artificial intelligence. The ISS concept is a core category of European Union digital law and continues to provide the regulatory basis for intermediary services under the EU’s Digital Services Act (DSA). However, the rise of generative AI systems and large language models such as ChatGPT, Gemini, and Claude challenges the traditional distinction between intermediary services and content creators.
The study analyses the development of the ISS concept, its legal foundations under Directive 2000/31/EC and Directive (EU) 2015/1535, and its interpretation by the Court of Justice of the European Union. It also examines the regulatory treatment of generative AI under the Digital Services Act and the Artificial Intelligence Act (AI Act). The thesis evaluates whether existing intermediary liability mechanisms can accommodate AI-driven services that both facilitate access to information and generate new content.
Using a doctrinal legal methodology, the research examines the relevant EU legislation, case law, and academic scholarship on intermediary liability, platform governance, and AI regulation. The analysis identifies key conceptual and regulatory challenges arising from applying traditional Information Society Services doctrine to generative AI platforms.
The thesis argues that generative AI services cannot be adequately understood through existing intermediary classifications because they combine intermediation, information processing, and content generation. It therefore proposes the concept of “Enhanced Generative Intermediaries” as a framework for the future regulation of generative AI services within European Union digital law. This framework seeks to promote coherence between the DSA and the AI Act while preserving legal certainty, innovation, and fundamental rights.
The research further concludes that the current legal framework does not fully address the unique characteristics of generative AI systems, particularly regarding accountability, transparency, and responsibility for AI-generated outputs. As these technologies become more integrated into digital services, European lawmakers may need to reconsider the scope and application of existing ISS concepts. The proposed framework contributes to debates on digital governance by offering a legal classification that better reflects the hybrid nature of generative AI services while ensuring effective regulatory oversight.