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

Human Rights Tiles News

From Signals to Action: Strengthening the UN's Conflict Prevention Efforts

31 March 2025

Our recent research brief series explores how the United Nations' human rights system can enhance its role in early warning and conflict prevention.

Read more

Local Government Event

Enhancing National Reporting and Implementation of Human Rights through Coordinated Engagement at the Local and Regional Levels: The Role of NMIRFs

23 July 2025, 10:00-17:00

This seminar explores how national mechanisms for implementation, reporting and follow-up can better integrate the capacities, data, and experiences of local and regional governments in advancing human rights implementation and reporting.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

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

10-14 November 2025

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

Training

Human Rights and the Environment: Introducing Legal Regimes and Key Issues

1-8 September 2025

Participants in this training course will be introduced to the major international and regional instruments for the promotion of human rights, as well as international environmental law and its implementation and enforcement mechanisms.

Read more

Crops view from the sky Project

The Right to Food in Europe

Started in December 2022

This research will provide legal expertise to a variety of stakeholders on the implementation of the right to food, and on the right to food as a legal basis for just transformation toward sustainable food systems in Europe. It will also identify lessons learned from the 2023 recognition of the right to food in the Constitution of the Canton of Geneva.  

Read more

Online folders Project

Digital Human Rights Tracking Tools and Databases

Started in March 2023

This initiative wishes to contribute to better and more coordinated implementation, reporting and follow-up of international human rights recommendations through a global study on digital human rights tracking tools and databases.

Read more

Cover of the publication Publication

Briefing N° 25: Localizing Multilateralism

published on March 2025

Domenico Zipoli, Ludovica Chiussi Curzi, Kamelia Kemileva

Read more

Cover page of the working paper Publication

AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring

published on January 2025

Milica Mirkovic, Jennifer Victoria Scurrell

Read more