European company law in the age of digital transformation: artificial intelligence, data economy, and digital corporate governance

Abstract This article examines how digital transformation, artificial intelligence (AI) and the data economy are reshaping European company law and corporate governance. It explores the role of AI in corporate decision-making processes, as well as the associated risks and accountability issues. Conceptualising data as a core corporate resource, the article introduces the notion of ‘data creditors’ as emerging stakeholders; and it develops the idea of Corporate Digital Responsibility (CDR) as a framework for aligning innovation with ethics and regulation. Considering these issues in the context of the EU’s digital agenda and the debates surrounding the so-called 28th regime, the article proposes gradual reforms to enhance transparency, accountability, and stakeholder participation while supporting innovation in the digital economy.