A Europe fit for the digital age Flashcards
Priotities in political guidelines
1) achieve joint standards in 5G networks
2) achieve technological souvereignty in some critical technology areas
3) invest in next-generation yperscalers: blockchain, high-performance computing, algorithms and tolls to allow data sharing and data usage.
4) Jointly define standards for new generation of tech that will be the norm
5) In fist 100 days, put forward legislation for a coordinated European approach on the human and ethical implications of Artificial
Intelligence.
6) Digital Services Act will upgrade our liability and safety rules for digital platforms, services and products, and complete our Digital Single Market.
7) Establish joint Cyber Unit to better protect EU against cyber crime
8) Drive full digitalisaion of the Commission
**Empowering people through education and skills **: Make European Education Area reality by 2025 and update Digital Education Action Plan. Also support idea to triple Eramus+ budget for next MFF
Aim of this priority:
The EU’s digital strategy will empower people with a new generation of technologies.
The EU’s digital strategy aims to make this transformation work for people and businesses, while helping to achieve its target of a climate-neutral Europe by 2050.
Main focus: Commission President von der Leyen stressed the need for Europe to lead the transition to a healthy planet and a new digital world - the twin transition
Interesting figures on why need for digital agenda
As of 2019, there were 7.8 million ICT specialists with a prior annual growth rate of 4.2%.
If this trend continues, the EU will be far below the projected need of 20 million experts e.g. for key areas, such as cybersecurity or data analysis.
More than 70% of businesses report a lack of staff with adequate digital skills as an obstacle to investment. There is also a severe gender imbalance, with only one in six ICT specialists and one in three STEM graduates being women
Communication on shaping Europe’s digital future (3 pillars and external dimension)
Outlines European approach b**ased on 3 main pillars **to ensure that Europe seizes the opportunity and gives its citizens, businesses and governments control over the digital transformation.
1) Technology that work for the people
- Invest in digital competences for all Europeans;
- Protect people from cyber threats (hacking, ransomware, identity theft);
- Ensure Artificial Intelligence is developed in ways that respect people’s rights and earn their trust;
- Accelerate the roll-out of ultra-fast broadband for homes, schools and hospitals throughout the EU;
- Expand Europe’s super-computing capacity to develop innovative solutions for medicine, transport and the environment.
Initiatives: White paper on Artificial Intelligence, Action Plan on 5G and 6G, Joint Cybersecurity Unit, Digital Education Action Plan. Reinforced Skills Agenda and youth guarantee focused on digital topics. EU governments interoperability strategy
2) A fair and competitive digital economy
- Enable a vibrant community of innovative and fast-growing start-ups and SMEs to access finance and to expand;
- Propose a Digital Services Act to strengthen the responsibility of online platforms and clarify rules for online services;
- Make sure that EU rules are fit for purpose in the digital economy;
- Ensure that all companies compete in Europe on fair terms;
- Increase access to high-quality data while ensuring that personal and sensitive data is safeguarded.
Initiatives: European Data Strategy, Fitness of EU Competition Rules, ex ante rules: Digital Services Act, Industrial Strategy, Business Taxation in 21st Century, Consumer Agenda, Digital finance package, EU payments market creation
3) An open, democratic and sustainable society
A trustworthy environment in which citizens are empowered in how they act and interact, and of the data they provide both online and offline.
* Use technology to help Europe become climate-neutral by 2050;
* Reduce the digital sector’s carbon emissions;
* Empower citizens with better control and protection of their data;
* a European health data space to foster targeted research, diagnosis and treatment;
* Fight disinformation online and foster diverse and reliable media content.
Initiatives: Media and Audiovisual action plan, European democracy action plan, circular electronics initiatives, deepen internal market for services through DSA, Revision of eIDAS regulation (e-identity), destination earth programme, electronic health records aka. European Health data space
The international dimension
For Europe to truly influence the way in which the digital solutions are developed and used on a global scale, it needs to be a strong, independent and purposeful digital player in its own right.
* aim to become a global role model for the digital economy;
* support developing economies in going digital;
* develop digital standards and promote them internationally
Initiatives: Global Digital Cooperation Strategy, White paper on foreign subsidies instrument, strategy for standardisation, mapping of oppournties and action plan to promot European appraoch in mulitlateral fora
Europe’s digital decade
Portfolio: Shared between Vestager and Breton
Is the policy programme that will guide Europe’s digital transformation until 2030. The European vision for 2030 is a digital society where no-one is left behind.
Leading up to 2030, EU Member States, in collaboration with the European Parliament, the Council of the EU and the Commission, will shape their digital policies to achieve targets in these four areas to:
- Improve citizens’ basic and advanced digital skills;
- Improve the take-up of new technologies in EU businesses, such as artificial intelligence, data and cloud;
- Further advance the EU’s connectivity, computing and data infrastructure;
- Make public services and administration available online.
The Digital Decade targets are measurable goals for each of the four areas: connectivity, digital skills, digital business and digital public services.
* The Digital Decade policy programme will allow the EU and the Member States to work together to reach the Digital Decade targets and its objectives. It lays down a mechanism to monitor progress towards 2030.
* Every year, the Commission will publish a report to take stock of the progress made.
* The multi-country projects will allow Member States to pool investments and launch large-scale, cross-border projects.
* The Digital Decade rights and principles reflect EU values, which have to be respected in the digital world.
Digital Decade governance
Digital compass: Governance structure with annual reporting and follow up, based on 3 pillars
1) Achieving concrete obbectives under four cardinal points: monitored by quantitative KPIs, reporting on actions undertaken (annual digital decade report), and followed-up with rcommendations
2) Shaping and launching multi-country projects
3) Monitoring digital principles: reporting and scoreboards, annual eurobarometer
European charter of digital rights (6 chapters)
Underpinning Digital Decade programme, and signed by all 3 legislators in 2022. The draft declaration covers key rights and principles for the digital transformation, and will complement existing rights, such as those rooted in the Charter of Fundamental Rights of the EU, and data protection and privacy legislation.
With the Declaration on digital rights and principles, the EU wants to secure European values by:
- Putting people at the centre of the digital transformation;
- Supporting solidarity and inclusion through connectivity, digital education, training and skills, fair and just working conditions and access to digital public services;
- Restating the importance of freedom of choice and a fair digital environment;
- Fostering participation in the digital public space;
- Increasing safety, security and empowerment in the digital environment,in particular for young people;
- Promoting sustainability.
Digital Decade target
The Digital Decade programme specifies key quantified targets
1) A digitally skilled population and highly skilled digital professionals
* ICT Specialists: 20 million + Gender convergence (increasing number of women as ICT specialists)
* Basic Digital Skills: min 80% of population (from European Pillar of Social Rights)
2) Secure and performant sustainable digital infrastructures
* Connectivity: Gigabit network for every household, 5G everywhere
* Cutting edge Semiconductors: double EU share in global production to 20% of world value
* Data - Edge & Cloud: 10,000 climate-neutral highly secure edge nodes, distributed in a way that will guarantee access to data services with low latency (few milliseconds) wherever businesses are located
* Computing: first computer with quantum acceleration by 2025, so that EU can be at cutting edge by 2030
3) Digital transformation of businesses
* Tech up-take: 75% of EU companies using Cloud/AI/Big Data
* Innovators: grow scale-ups & finance to double EU Unicorns
* Late adopters: more than 90% of SMEs reach at least a basic level of digital intensity
4) Digitalisation of public services
* Key Public Services: 100% online
* e-Health: 100% of citizens having access to medical records
* Digital Identity: 80% of citizens using digital ID
Multi-country projects
-To reach the digital targets and objectives, the European Commission will accelerate and facilitate the launch of multi-country projects, large-scale projects that no single Member State could develop on its own.
- These projects could
- combine investments from the EU budget, including from the Recovery and Resilience Facility, from Member States, and the private sector
- address gaps in the identified critical capacities of the EU
- support an interconnected, interoperable and secure Digital Single Market
-20% of the Recovery and Resilience Facility should be dedicated by each EU country to the digital transition – 25 plans adopted by the Council so far dedicated exceed this target to 26%.
Examples: data infrastructure, low-power processors, 5G communication, high-performance computing, secure quantum communication, public administration, blockchain, digital innovation hubs and digital skills.
Digital Decade policy programme (Governance)
The Digital Decade policy programme 2030 sets up an annual cooperation cycle to achieve the common objectives and targets. This governance framework is based on an annual cooperation mechanism involving the Commission and Member States.
The cooperation mechanism would consist of
* a structured, transparent and shared monitoring system based on the Digital Economy and Society Index (DESI) to measure progress towards each of the 2030 targets
* an annual ‘Report on the state of the Digital Decade’ in which the Commission evaluates progress and provides recommendations for actions
* every two years, adjusted Digital decade strategic roadmaps in which the Member States outline adopted or planned actions to reach the 2030 targets
* a yearly mechanism to support the implementation of multi-country projects
The Commission shall review the targets by 2026 to take stock of technological, economic and societal developments.
European Approach to Artificial Intelligence
IThe European approach to artificial intelligence (AI) will help build a resilient Europe for the Digital Decade where people and businesses can enjoy the benefits of AI. It focuses on 2 areas: excellence in AI and trustworthy AI.
The Commission published its AI package in April 2021, proposing new rules and actions to turn Europe into the global hub for AI. This package consisted of:
* a Communication on Fostering a European Approach to AI;
* the Coordinated Plan with Member States: 2021 update;
* a proposal for an AI Regulation laying down harmonised rules for the EU (Artificial Intelligence Act).
Building trustworthy AI will create a safe and innovation-friendly environment for users, developers and deployers.
The Commission has proposed 3 inter-related legal initiatives that will contribute to building trustworthy AI:
a European legal framework for AI to address fundamental rights and safety risks specific to the AI systems;
a civil liability framework - adapting liability rules to the digital age and AI;
a revision of sectoral safety legislation (e.g. Machinery Regulation, General Product Safety Directive).
Fostering excellence in AI will strengthen Europe’s potential to compete globally.
The EU will achieve this by:
- enabling the development and uptake of AI in the EU;
- making the EU the place where AI thrives from the lab to the market;
- ensuring that AI works for people and is a force for good in society;
- building strategic leadership in high-impact sectors.
Through the Horizon Europe and Digital Europe programmes, the Commission plans to invest €1 billion per year in AI. It will mobilise additional investments from the private sector and the Member States in order to reach an annual investment volume of €20 billion over the course of the digital decade.
The Recovery and Resilience Facility makes €134 billion available for digital. This will be a game-changer, allowing Europe to amplify its ambitions and become a global leader in developing cutting-edge, trustworthy AI.
In addition, acess to high quality data is an essential factor in building high performance, robust AI systems. Initiatives such as the** EU Cybersecurity Strategy, the Digital Services Act and the Digital Markets Act, and the Data Governance Act provide** the right infrastructure for building such systems.
Artificial Intelligence Act
Aim: to address the risks generated by specific uses of AI through a set of complementary, proportionate and flexible rules.
The AI act is the worlds’ first comprehensive AI law. Parliament adopted position in June 2023, Council its general appraoch, now trilogue beginning. Agreement to be ready by end of 2023.
It aims to address risks of specific uses of AI, categorising them into 4 different levels:
a) unacceptable risk, which will be banned form use in EU. These include cognitive behavioural manipulation of people, social scoring: classifying people based on behaviour, socio-economic status or personal characteristics; Real-time and remote biometric identification systems, such as facial recognition (the last introduced by the European Parliament)
b) high risk, carefully assessed (i.e. law enforcement, critical infrastructure, etc). AI systems that negatively affect safety or fundamental rights will be considered high risk and will be divided into two categories:
1) AI systems that are used in products falling under the EU’s product safety legislation. This includes toys, aviation, cars, medical devices and lifts.
2) AI systems falling into eight specific areas that will have to be registered in an EU database:
c) limited risk, (i.e. chatbots) minimal transparency obligations: The user can then decide to continue or step back from using the application.
d)**Generative AI
**
Generative AI, like ChatGPT, would have to comply with transparency requirements:
Disclosing that the content was generated by AI
Designing the model to prevent it from generating illegal content
Publishing summaries of copyrighted data used for training
E) minimal risk, free use
The Artificial Intelligence Act proposes steep non-compliance penalties. For companies, fines can reach up to €30 million or 6% of global income. Submitting false or misleading documentation to regulators can result in fines, too.
European Data Act
Proposed in 2022
The Data Act addresses the legal, economic and technical issues that lead to data being under-used: 80 percent of machine or device-generated data is never used.
The question that the Data Act wants to solve is: Who owns the data generated by internet-connected devices? It aims to regulate who can access and share data generated by connected machines and devices, both on the work floor and at home.
The new rules will make more data available for reuse and are expected to create €270 billion of additional GDP by 2028. Goal is to not miss the next big data wave - the use of non-personal data.
It will complemetn GDPR
EP and Council reached political agreement in June 2023.
The Data Act aims to boost the EU’s data economy by unlocking industrial data, optimising its accessibility and use, and fostering a competitive and reliable European cloud market. It seeks to ensure that the benefits of the digital revolution are shared by everyone.
Benefits of the Data Act:
* Cheaper prices for aftermarket services and reparation of their connected objects.
* New opportunities to use services relying on access to this data. (e.g. farmer, smart irrigation)
* Better access to data collected or produced by a device.
- Provide data to SMEs, interoperability, fairness test, B2B and B2C contracts, cloud switching
Main elements of proposal
* The Data Act aims to boost the EU’s data economy by unlocking industrial data, optimising its accessibility and use, and fostering a competitive and reliable European cloud market. It seeks to ensure that the benefits of the digital revolution are shared by everyone.
* Measures to provide protection from unfair contractual terms that are unilaterally imposed.
* Mechanisms for public sector bodies to access and use data held by the private sector (e.g. in cases of emergency)
* New rules that grant customers the freedom to switch between various cloud data-processing service providers.
* Measures to promote the development of interoperability standards for data-sharing and data processing, in line with the EU Standardisation Strategy.
a chapter on automated “smart contracts” could impact the decentralized nature of the blockchain.
Digital Services Act package
Contains DMA and DSA, proposed in 2020 and both published in OJ in October 2022.
The Digital Services Act (DSA) and the Digital Market Act (DMA) form a single set of rules that apply across the whole EU. They have two main goals:
- to create a safer digital space in which the fundamental rights of all users of digital services are protected;
- to establish a level playing field to foster innovation, growth, and competitiveness, both in the European Single Market and globally
The rules specified in the DSA primarily concern online intermediaries and platforms. For example, online marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms.
The Digital Markets Act includes rules that govern gatekeeper online platforms. Gatekeeper platforms are digital platforms with a systemic role in the internal market that function as bottlenecks between businesses and consumers for important digital services
Background: The EU’s legal framework for digital services had remained unchanged since the adoption of the e‑commerce directive in 2000, and was therefore acutely in need of an update, given the growth of digital platforms and new business models.
Digital Services Act
DSA came into force on 25 August 2023. According to Renda from Bruegel, the DSA is “an important moment in the history of the Internet because, for the first time, the very well-established principle of basically no responsibility for online intermediaries, which has been one of the key tenets since the early stages of the World Wide Web, is being reversed,” he said.
The Digital Services Act (DSA) focuses on creating a** safer online environment for digital users** and companies, and on protecting fundamental rights in the digital space by establishing new rules on:
- countering illegal content online, including goods, services and information, in full respect of the Charter of Fundamental rights
- tackling societal risks online
- traceability of traders in online marketplaces
- transparency measures for online platforms
- enhanced supervision
It establishes a set of responsibilities and a clear accountability and transparency framework for providers of intermediary services, such as:
* online marketplaces
* social networks
* content-sharing platforms
* online travel and accommodation platforms
**Main obligations: **
- transparency, mechanisms for the removal of illegal content and for the effective protection of users’ fundamental rights online, including the freedom of speech.
- New rules to trace seller on online market place, to o after scammers more easuly and help build trust.
- Users will have new right: right to complain to the platform, seek out-of court settlement, complain to their national authority in their own language, or seek compension for breaches of the rules.
highlights
Strict rules for minors: Minors will no longer be able to be targeted by advertising, nor will ads be able to use sensitive data such as religion or sexual orientation.
Companies have obligations proportionate to the nature of their services and to their size and impact. This means that very large online platforms (VLOPs, with more than 45 million monthly active users in the EU) and very large online search engines (VLOSEs) are subject to more stringent requirements.
Commission will be the primary regulator for very large online platforms (reaching 45 million users), while other platforms will be under the supervision of Member States where they are established. The Commission will have enforcement powers similar to those it has under anti-trust proceedings
**In the context of the war in Ukraine **and the impact on the manipulation of online information, a new article has been added to the text introducing a crisis response mechanism.
This mechanism will make it possible to analyse the impact of the activities of VLOPs and VLOSEs on the crisis in question and decide on measures to make sure that fundamental rights are respected.
Digital Markets Act (overview)
DMA applies as of May 2023.
The Digital Markets Act (DMA) focuses on ensuring a level playing field for all digital companies, regardless of their size. The DMA aims to guarantee a competitive and fair digital sector by:
- banning unfair practices of online platforms holding the biggest share of the market
- giving the possibility for business users to offer consumers more choices
- providing better services and fairer prices for consumers
- imposing clear rights and obligations on large online platforms
- promoting innovation and a fairer online platform environment for technology start-ups
The DMA defines clear rules for big platforms. It aims to make sure that no large online platform acts as a ‘gatekeeper’, a private rule-maker in digital markets by controlling at least one so-called ‘core platform services’.
Core platform services include:
online intermediation services (i.e. marketplaces, app stores)
online search engines
social networking
cloud services
advertising services
To be considered a gatekeeper a platform must either have had an annual turnover of at least €7.5 billion within the European Union (EU) **in the past three years **or have a market valuation of at least €75 billion, and secondly it must have at least 45 million monthly end users and at least 10 000 business users established in the EU.
The platform must also control one or more core platform services in at least three member states.
Digital markets Act (obligations and enforecemnt)
Gatekeepers will not be able to:
- rank their own products or services higher than those of others
- prevent developers from using third-party payment platforms for app sales
- process users’ personal data for targeted advertising, unless consent is granted
- establish unfair conditions for business users
- pre-install certain software applications or prevent users from easily un-installing them
- restrict business users of platforms
Gatekeepers will have to:
* offer more choices, such as the choice of certain software on a user’s operating system
* ensure that unsubscribing from core platform services is as easy as subscribing
* provide information on the number of users that visit their platforms to determine whether the platform can be identified as a gatekeeper
* give business users access to their marketing or advertising performance data on the platform
* inform the European Commission of their acquisitions and mergers
* ensure that the basic functionalities of instant messaging services are interoperable, i.e. enable users to exchange messages, send voice messages or files
Fair competition of digital services is key to ensure that companies and consumers can all benefit in the same way from digital opportunities. This will also generate more innovation and boost consumer protection.
Enforcement
The European Commission is the sole enforcer of the regulation. An advisory committee and a high-level group will be set up to assist and facilitate the work of the European Commission.
When a large online company has been identified as a gatekeeper, it has to comply with the rules of the DMA **within six months. **
If a gatekeeper violates the rules laid down in the DMA, it risks a fine of up to 10% of its total worldwide turnover. For a repeat offence, a fine of up to 20% of its worldwide turnover may be imposed.
If a gatekeeper systematically fails to comply with the DMA, i.e. it violates the rules at least three times in eight years, the European Commission can open a market investigation and, if necessary, impose behavioural or structural remedies.
Legal basis competition policy
Art. 3 TFEU – Exclusive Competence. Also Articles 101 to 109 TFEU. Articles 37, 106 and 345 TFEU for public undertakings and Articles 14, 59, 93, 106, 107, 108 and 114 TFEU for public services, services of general interest and services of general economic interest;
Aim of competition policy
Competition policy encourages companies to offer consumers goods and services on the most favourable terms.
It encourages efficiency and innovation and reduces prices.
To be effective, competition requires companies to act independently of each other, and subject to the pressure exerted by their competitors.
A competition policy fit for new challenges
2021
This unprecedented review of EU competition policies has the following objectives:
* Promoting the EU’s post pandemic recovery and creating a more resilient Single Market
* Fostering the implementation of the European Green Deal
* Accelerating the digital transition.
Main actors of competition policy
- DG COMP
o The European Commission, together with the national competition authorities, directly enforces EU competition rules, Articles 101-106 of the Treaty on the Functioning of the EU (TFEU), - EVP Vestager: Cssr. For competition
- Hearing officers:
o The Hearing Officer is responsible for organising and conducting oral hearings and acting as an independent arbiter when a dispute about the effective exercise of procedural rights between parties and DG Competition arises in antitrust and merger proceedings.
o The Hearing Officers are not part of the Directorate-General for Competition (DG Competition). For administrative purposes, the Hearing Officers are attached to the Competition Commissioner. - European competition network (ECN): The European Commission and the national competition authorities in all EU Member States cooperate with each other through the European Competition Network (ECN).
- Chief Competition Economist: assists in evaluating the economic impact of DG COMP’s actions
Foreign Subsidies Regulation
Entered into force on January 2023
Background: In recent years, foreign subsidies appear to have distorted the EU’s internal market, including by providing their recipients with an unfair advantage to acquire companies or obtain public procurement contracts in the EU to the detriment of fair competition.
Subsidies granted by non-EU governments go currently unchecked, while subsidies granted by Member States are subject to close scrutiny under EU State aid rules.
**It proposes new tools ** to effectively tackle foreign subsidies that cause distortions and undermine the level playing field in the internal market:
* A notification-based tool to investigate concentrations involving a financial contribution by a non-EU government
* A notification-based tool to investigate bids in public procurements involving a financial contribution by a non-EU government
* A general tool to investigate all other market situations
Single Market Programme
Adopted in 2021
The single Market Programme is the EU funding programme to help the single market reach its full potential and ensure Europe’s recovery from the COVID-19 pandemic.
The SMP includes a budget (EUR 4.2 billion in current MFF) dedicated to actions in support of competition policy, and its enforcement.
This allows EC to invest in:
* effective and up-to-date enforcement of EU competition policy and policy actions;
* csupport for SMEs
- food safety
- consumer protection