Inline Insights

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.