Seite - 49 - in Austrian Law Journal, Band 1/2019

ALJ 2019 Digital Single Market – towards Smart Regulations 49 known in civil law. The Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch; abbreviated ABGB), which is still in force after more than 200 years84 and offers quite appropriate solutions for questions of technical progress, can serve as an example. The European Commission seems to share this opinion and announced its intention to “issue a guidance document on the interpretation of the Product Liability Directive in light of technological developments by mid- 2019.”85 IV. Challenges for the postal sector The smart products mentioned above would be unthinkable without AI. It goes without saying that the demand for new and smarter products has had a big impact on the “old” economy as well. This is especially true for the increase in the market share of parcel deliveries in recent years which requires new business models. One example of a global player with such a (relatively) new business model is the e-commerce giant Amazon. AI plays a major role in Amazon’s recommender generating more than a third of the company’s revenue.86 In the beginning, Amazon was an online marketplace, selling only books.87 Its current business model can be described as a huge mall88 in the World Wide Web. Users use a search engine to find all kinds of goods, which are delivered from a distribution point directly to the location of their choice. The location of these distribution points is determined by various factors. Geographical characteristics play a major role, as a central location and a mild climate and nearby airports permitting night flights (e.g. Cologne/Bonn) guarantee constant delivery of the goods. The business models of Amazon and other companies have led to a constant rise of the market share of parcel and express delivery services, while the traditional postal service - the letter segment89 - is steadily declining.90 This development must also be taken into account by the EU’s postal policy. This policy aims at completing the internal market for postal services and ensuring the main goals of efficiency, reliability and availability to all citizens at affordable prices.91 Currently, 84 The ABGB came into force on Jan 1st, 1812; officially published in Justizgesetzsammlung (JGS) No. 946/1811. 85 COM (2018) 237 final 16. Concerning the European Parliament cf. 2015/2103 (INL). 86 Morgan, How Amazon has reorganized around Artificial Intelligence and Machine Learning, FORBES, Jul. 16, 2018, available at https://www.forbes.com/sites/blakemorgan/2018/07/16/how-amazon-has-re-organized-around- artificial-intelligence-and-machine-learning/#2919832b7361. 87 Jeff Bezos, the founder and CEO of Amazon, always claimed that Amazon is not a retailer, but a technology company; cf. Hall, Amazon.com, ENCYCLOPAEDIA BRITANNICA, available at https://www.britannica.com/topic/Amazoncom. 88 Cf. Zwass, E-commerce, ENCYCLOPAEDIA BRITANNICA, 2019, available at https://www.britannica.com/technology/e- commerce, refers to Amazon as an “e-mall”. 89 The letter segment still plays an important role in the postal and express market, amounting to 42% of the total revenue in 2016 (but having dropped by 5% since 2013). Cf. Cerpickis, Facino, Geus, Möller Boivie, Gårdebrink, Almqvist, Apon, Basalisco and Ballebye Okholm, Main developments in the postal sector (2013-2016), EUROPEAN COMMISSION, 2018, at 26, available at https://publications.europa.eu/en/publication-detail/-/publication/d22799b5- bbb7-11e8-99ee-01aa75ed71a1/language-en. 90 Cerpickis, Facino, Geus, Möller Boivie, Gårdebrink, Almqvist, Apon, Basalisco and Ballebye Okholm, supra note 89, at 7, 8, 36, 39. 91 European Commission, EU postal legislation, available at https://ec.europa.eu/growth/sectors/postal- services/legislation_en.