Informatisation des entreprises et droit européen des sociétés

Digital technologies have radically changed social and business relationships. Digitalization, artificial intelligence, internet, and recently blockchain, as well as deep learning technologies, suggest that a transformation may occur even in corporate governance. European Union launched a plan for a legislative adaptation in company law, providing - in first instance - an interconnected system of national business registers. Recently, as a consequence of Directive (EU) 2019/1151, changes are also envisaged in other aspects, like the establishment of companies, on which national rules significantly differ so that a harmonisation is required in order to allow digital procedures to be implemented. Furthermore, digital interconnection among businesses and internal and external systems of management, control and information requires a reform of many provisions of company law, starting from new definitions and approaches to responsibility roles. A major issue comes to light about the limits within which is possible to delegate to machines and digital systems the functions of corporate governance traditionally carried out by human beings.