Inline Insights

Last week, EU and US policymakers met in Paris to discuss trade and technology related issues. Despite some progress on Russia, trade, and sustainability, the two sides remain far apart on the question of how to regulate Big Tech.

The three EU institutions - Commission, Parliament and Council of the EU - reached a provisional agreement on the Digital Services Act, (DSA) on 22 April 2022. In this briefing we highlight its main provisions and their implications for companies, particularly regarding compliance and future regulatory ramifications.

As explained in our previous blog, the European Commission is working on a legislative proposal to ensure European businesses, consumers and governments fully benefit from the free flow of data and are empowered to make better-informed decisions. This initiative, known as the Data Act, will not only regulate data sharing among companies (business-to-business, B2B), but will also specify in which cases and under which conditions companies must share data with governments (business-to-government, B2G). This blog analyses the EU’s plans for the B2G data sharing and identifies outstanding issues for businesses.

In 2025, the value of the data economy in the European Union will be comparable to the GDP of the Netherlands. The actual impact that data will have on European economies and societies, however, will depend as much on technological advancements as on the rules that will govern data use and data sharing. In February 2022, the European Commission is expected to publish a proposal for a Regulation to facilitate data sharing and use between companies (business-to-business, or B2B) and between businesses and governments (business-to-government, or B2G). Known as the Data Act, this long-awaited initiative will have far-reaching impacts on companies, the public sector, and consumers. In this two-part series, we look at what issues the Data Act should address to harness the value of data while ensuring innovation, property rights, and privacy. This blog focuses on business-to-business data-sharing.

The European Union’s Digital Services Act (DSA), currently working its way through the legislative process, will create an unprecedented set of new rules for intermediary service providers. The legislation will establish a framework for content moderation and reinforce the rules for platforms that should serve to further protect the fundamental rights of all users of digital services across Europe. This blog looks at the DSA’s progress and the positions recently taken by the European Parliament and the Council of the EU. We explore how they are seeking to re-shape the original proposal and what this means for businesses and consumers.

This month, the UK’s Competition and Markets Authority (CMA) updated its ambitious Digital Markets Strategy. The 2019 strategy was originally meant to address the growth of digital markets and its effect on consumers and competition. The recent update reflects the work that the CMA has done since it first published the strategy - including its all-important recommendations for a pro-competition regime for digital markets - and comes as debates around digital competition continue to gather pace in the UK and beyond.

The European Commission will shortly unveil new rules on digital services as part of its agenda for shaping Europe’s digital future. In this blog we will explore what we expect to see in the Digital Services Act (DSA) and Digital Markets Act (DMA) and how they will impact the tech industry.

As Europe begins the year in a state of relative stability with the EU Commission firmly in place as well as new governments in the UK and Spain, all eyes are on how policymakers will now respond to popular demand for changes to our liberal order. The tech sector could be in for a rough ride.