Inline Insights

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.

The European Commission’s recently adopted New Consumer Agenda frames its objectives for EU consumer policy up to 2025. In this blog we outline what it means for the tech and digital sectors, and what consumer policy initiatives we can expect.

The European Commission will launch several ambitious policy and legislative initiatives in December 2020, to deliver on its political priorities for this legislative term. In this briefing, we outline nine initiatives that will affect the tech sector.

Few policy areas fit neatly within the remit of one regulatory authority or government department. Online advertising is no different. Earlier this year, we evaluated proposals by DCMS and the UK’s competition regulator to regulate digital marketing. Building on this jigsaw of stakeholders, we examine the latest strategies developed by another critical policymaking actor - the Advertising Standards Authority – and its recent efforts to defend what was historically its territory.

In the wake of the Covid-19 pandemic, enabling a seamless, contactless, traveller journey is becoming more a matter of necessity rather than an option. We provide an account of the regulatory challenges and opportunities for biometric technologies companies facilitating a seamless traveller experience.

Preventing illegal hate speech online is a priority for policymakers worldwide, and the need to do so is increasingly evident. How can governments strike the right balance between tackling the mechanisms and incentives behind the proliferation of illegal hateful content online, while also ensuring that platforms do not enable censorship? A closer look at present and future debates demonstrates the intricacies of keeping an ever-growing number of internet users safe and preserving their fundamental rights.

As we explained in our previous blog, European policy makers are pondering whether to revise the 1985 Product Liability Directive to make it ‘future-proof’ and ensure it remains fit for purpose amidst the growth of new technologies. Both the European Commission and European Parliament have addressed the issue in various formats and within different frameworks, both as part of a broader revision of European product safety regulation and/or as part of a planned regulation on Artificial Intelligence – whose aim would be to address the legal challenges of new automated technologies.

The continued growth and application of new technologies raises new challenges for regulators and policymakers. Alongside new policy frameworks, existing regulations need to be re-evaluated to ensure that they remain proportionate, effective, fit-for-purpose and ‘future proof’. One such regulation is the Product Liability Directive, with growing calls for it to be reviewed.

As the UK prepares some of the most ambitious online harms legislation in the world, the unprecedented efforts taken by tech companies to curb the spread of COVID-19 falsehoods have raised a number of questions for regulators and policymakers. The UK may need to adapt its original stance on online harms in order to face the ‘new normal’.

Strengthening and deepening the Single Market is a key strategic priority for the 2019-24 European legislative cycle. Following the publication of the European Commission’s Single Market Enforcement Action Plan in March 2020, we look at the role and importance of the EU Single Market Transparency Directive in addressing market barriers, promoting the growth of the single market, and supporting a more harmonised regulatory environment for businesses.

The EU has set great ambitions around artificial intelligence, seeking to accelerate innovation and foster a much more competitive environment. But as the example of the copyright directive shows, much can go wrong for Europe’s AI businesses if they do not pay attention to what will be proposed.

The ongoing COVID-19 outbreak is forcing companies to turn to technology solutions, given that a significant part of their workforce has switched to working remotely. This abrupt shift in workforce and workplace organisation makes both the benefits and challenges of “people analytics” evermore relevant to business leaders and policymakers alike. 

California’s recent regulation to address perceived imbalances in the gig economy (known as AB5) has set tongues wagging about the future of companies like Uber and Lyft. Given Europe’s reputation for being tough on tech giants, is a similar intervention on this side of the Atlantic now inevitable?

The spread of tiny chips into more and more everyday items promises a cumulative leap in convenience for consumers and productivity for businesses. Yet as ever more consumer devices become hooked up to the internet and the line between hardware and software blurs, the question of consumer protection and the need for new consumer regulations will receive greater attention.

The European Union is working on a new regulatory framework for artificial intelligence that seeks to ensure better consumer protection, while enhancing Europe’s technological competitiveness. The risk is for it to become but a duplication of already-existing practices and regulations.

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.

Once the political decision about Brexit is settled, the focus will move swiftly to the precise nature of the new relationship between the UK and the EU. The question of regulatory alignment or divergence will then take centre stage - with an uncertain outcome and potentially far-reaching implications for the tech sector.