Aligning Regulations of Business Conduct in the Technology Sector with Human Rights

29 April 2022

Concerns regarding the human rights impact of business conduct in the technology sector are not new – whether related to the dissemination of illegal content via online platforms, data collection or online surveillance.

While there is agreement about the need to better regulate technology company conduct, it remains essential to place international human rights law (IHRL) at the centre of regulatory and policy frameworks.

The United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs) provide important guidance to policymakers on ensuring that their regulatory efforts align with a human rights-based approach and IHRL.

A new Research Brief by the Geneva Academy and the Office of the UN High Commissioner for Human Rights (OHCHR) B-Tech project on Regulating Business Conduct in the Technology Sector: Gaps and Ways Forward in Applying the UNGPs depicts the prominent gaps in regulatory approaches to business conduct in the technology sector with regard to the UNGPs. Further, the research brief suggests how such alignment could be improved and sketches ongoing conceptual work by the OHCHR B-Tech project on engaging with policymakers for enhanced uptake of the UNGPs in technology regulation.

Written by our former Senior Research Fellow Dr Ana Beduschi and by Dr Isabel Ebert, Adviser to the OHCHR B-Tech Project and Senior Research Fellow at the Institute for Business Ethics at the University of St. Gallen, it draws on our research project on disruptive technologies and rights-based resilience – funded by the Geneva Science-Policy Interface and conducted in partnership with OHCHR B-Tech Project.

Identifying Prominent Gaps in Regulation

The publication starts by identifying the prominent gaps in UNGPs' alignment in regulatory efforts and their subsequent risks for human rights.

‘Our research highlights that existing regulatory efforts on technology company conduct show a mixed picture with regards to their alignment with the UNGPs’ underlines Dr Beduschi.

Gaps include a narrow view of human rights, the inconsistent use of human rights due diligence terminology, a narrow scope on a tier in the value chain, a lack of accompanying measures and enforcement mechanisms, a prescriptive list of non-permissible activities or a focus on protected artifacts, the absence of a ‘balancing test’, and the lack of clear provisions for access to remedy.

Concrete Recommendations and Essential Regulation Building Blocks

The Research Brief proposes concrete recommendations on how regulatory processes could be better aligned with the UNGPs. Further, the research brief presents ongoing work by the OHCHR B-Tech Project in developing a guidance tool to inform policymakers on the policy and design choices when regulating technology company conduct in a manner which is consistent with the UNGPs.

‘A UNGPs-based approach to regulation ensures the development of a coherent regulatory landscape that is aligned with international human rights standards. This is key to avoid negative human rights impacts related to technology company conduct’ underlines Dr Ebert.

The publication also sketches three essential building blocks – or phases – for policymakers when regulating technology company conduct:

  1. Defining the ‘objective’ by a sound identification of the ‘problem’ that the regulatory effort is trying to solve and what constitutes the regulatory gap.
  2. Discussing and weighing the possible policy choices, bearing in mind the earlier mentioned mix of regulatory and voluntary measures available.
  3. Transposing the choices made in the two previous steps into design elements.

‘A strong stakeholder engagement along all stages of the regulatory development process is vital to the success of the process. Our cooperation with the Geneva Academy has supported our project in bringing this important message across to key stakeholders’ says Lene Wendland, Chief of Business and Human Rights at OHCHR.

‘As highlighted by the recent adoption of the EU Digital Services Act, many governments are currently developing regulations on this issue. This publication will be of use to policy-makers working on such regulations, both regarding their content but also regarding the process leading to their adoption’ explains Felix Kirchmeier, Manager of Policy Studies at the Geneva Academy.

MORE ON THIS THEMATIC AREA

GHRP staff in New York UN headquarters News

GHRP's 2023 Conference Strengthens Geneva-New York Human Rights Interconnectedness

6 November 2023

This landmark event of our Geneva Human Rights Platform focused on the need to bridge the gap between Geneva-based human rights mechanisms and the UN in New York, based on the interrelated nature of human rights issues across both cities.

Read more

Crowd Control photo News

Counterterrorism in Europe: Ambiguous Security Gains for Significant Impacts on Rights

26 September 2023

Our new Working Paper invites readers to embark on a critical journey, shedding light on the intricate dynamics between security and human rights and calls for us to consider the effectiveness of counterterrorism policies as a matter of human rights law, demonstrating the benefits of this approach in improving the rationality of the decision-making process.

Read more

Cells in a jail Event

Toward An International Human Right to Claim Innocence

8 March 2024, 13:15-14:45

This event will discuss and analyze the innocence gap in international law and discuss different strategies for achieving greater recognition of an international right to assert claims of factual innocence.

Read more

Cover page of the book Event

Book Launch: ‘Equality and Non-Discrimination in Armed Conflict, Humanitarian and Human Rights Law in Practice’

21 February 2024, 18:30-20:00

The author and leading experts in IHL and human rights will discuss humanitarian and legal issues pertaining to equality and non-discrimination in armed conflict, based on the findings presented in the book.

Read more

A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

The Universal Periodic Review and the UN Human Rights System: Raising the Bar on Accountability

11-15 November 2024

This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.

Read more

Garment workersto receive food from their factory during lunch time. This food is freely provided by their factory in order to ensure that workers eat healthy and hygienic food. Training

Business and Human Rights

2-6 September 2024

This training course will examine how the UN Guiding Principles on Business and Human Rights have been utilized to advance the concept of business respect for human rights throughout the UN system, the impact of the Guiding Principles on other international organizations, as well as the impact of standards and guidance developed by these different bodies.

Read more

View of a session of the UN Human Rights Council Project

Human Rights Conversations

Started in January 2020

A series of events aimed at discussing contemporary issues and challenges related to the promotion and protection of human rights in Geneva and beyond.

Read more

Neutrotechology Project

Neurotechnology and Human Rights

Started in August 2023

This project addresses the human rights implications stemming from the development of neurotechnology for commercial, non-therapeutic ends, and is based on a partnership between the Geneva Academy, the Geneva University Neurocentre and the UN Human Rights Council Advisory Committee. 

Read more

Cover Page of Research Brief Publication

Environmental Human Rights as a Tool in Early Warning and Conflict Prevention The Role of the Human Rights Council

published on January 2024

Erica Harper, Baïna Ubushieva

Read more

Cover page of the Research Brief Publication

The Evolving Neurotechnology Landscape: Examining the Role and Importance of Human Rights in Regulation

published on December 2023

Erica Harper

Read more