EU tech law files for the new Commission’s mandate: what’s hot?
Written By
Of Counsel
Netherlands
I am a Principal Regulatory Counsel in our Regulatory & Public Affairs practice in the Netherlands and Brussels. I have a focus on tech and comms and digital markets regulation, drawing on in-depth business knowledge and extensive experience in TMT and public administration.
The new European Commission, chaired by re-elected president Ursula von der Leyen, will have a big pile of tech law files on its desk. In the so-called briefing book, dating from January 2024, the Commission’s services are proposing that ‘the Commission should focus on ensuring the achievement of Digital Decade’s objectives and targets and a full implementation of these new regulatory tools and assessing the impact of their enforcement. With the objective of reducing regulatory burden and uncertainty, the Commission should commit itself for the mid-term to carry out an analysis of the digital rulebook, in alignment with the legal obligations for review in the different legislative instruments and without jeopardising the existing European Digital Rulebook. That being said, the Commission’s services seem to steer towards a full review of the existing regulatory framework for digital services.
Meanwhile, on 18 July, Von der Leyen set out her own priorities for the next mandate as part of her speech to the European Parliament ahead of her confirmation vote and her Political Guidelines for 2024-2029. In terms of digital priorities, in her speech Von der Leyen highlighted the need for measures against the plague of cyberbullying, the addictive design of social media platforms, the unprecedented level of cyber-threats and attacks, corruption and disinformation by foreign actors. The Political Guidelines mention the need for “a new momentum to complete the Single Market in sectors like services, energy, defence, finance, electronic communications and digital.” On e-commerce and content moderation, there is a strong focus on the implementation and enforcement of the digital laws adopted during the last mandate. According to Von der Leyen, tech giants must assume responsibility for their enormous systemic power in our society and economy. She aims to ramp up and intensify the Commission’s enforcement of the Digital Services Act and the Digital Markets Act.
On 2 August 2024, the Artificial Intelligence Act came into force, paving the way for making AI safer and more trustworthy, and on tackling the risks stemming from its misuse. For Von der Leyen, the next step is to focus the efforts on becoming a global leader in AI innovation, by starting an AI Factories initiative to facilitate access to supercomputing capacity for AI start-ups and industry, an Apply AI Strategy for industrial uses of AI and the delivery of a variety of public services and by setting up a European AI Research Council.
Von der Leyen also aims to break barriers for a European Data Union Strategy by “drawing on existing data rules to ensure a simplified, clear and coherent legal framework for businesses and administrations to share data seamlessly and at scale, while respecting high privacy and security standards.” Research and innovation should be put the heart of the European economy in order to boost the Union’s global competitiveness. With regard cybersecurity, she aims to propose a new European Internal Security Strategy to “help ensure that security is integrated in EU legislation and policies by-design.”
It is particularly noteworthy that the Political Guidelines do not refer to topics that are also of pivotal importance for the European single market, such as:
- How to master Europe’s digital infrastructure needs as set out in the Commission’s white paper of 21 February 2024, in context of the review of the European Electronic Communications Code by the end of 2025;
- Enhancing the Cybersecurity Act to spur the adoption of certification schemes for products and services, as well as setting up a strong EU cybersecurity supervisory authority;
- Updating the IP rules to deal with AI generated content and use of copyrighted input data;
- The use of AI in the workplace;
- The AI Liability Directive to help users claim damages as result of non-compliance with product safety rules;
- A Digital Fairness Act to regulate influencer marketing and dark patterns;
- The review of the e-Privacy Directive, still pending since 2017, potentially evolving into an ePrivacy regulation, to ensure data protection in electronic communications and effective means to combat cybercrime.
Not all of these topics are mentioned in the Commission’s services briefing book but undoubtfully will be brought back on the table either as a result of political, societal or industry efforts.
In terms of next steps, the new Commission will look further into Von der Leyen’s proposals in order to scope its mandate. Now is the time for societal organisations and the industry to ramp up their efforts to get their topics on the Commission’s priority list or 2024-2029.
For further information, please contact Feyo Sickinghe.
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