Digital Policy

Question 1

Digital Services Act - goals

Answer 1

For citizens
better protection of fundamental rights
more control and choice
stronger protection of children online
less exposure to illegal content

For providers of digital services
legal certainty
a single set of rules across the EU
easier to start-up and scale-up in Europe

For business users of digital services
access to EU-wide markets through platforms
level-playing field against providers of illegal content

For society at large
greater democratic control and oversight over systemic platforms
mitigation of systemic risks, such as manipulation or disinformation

Question 2

AI Act - framework

Answer 2

Minimal risk: most AI systems such as spam filters and AI-enabled video games face no obligation under the AI Act, but companies can voluntarily adopt additional codes of conduct.

Specific transparency risk: systems like chatbots must clearly inform users that they are interacting with a machine, while certain AI-generated content must be labelled as such.

High risk: high-risk AI systems such as AI-based medical software or AI systems used for recruitment must comply with strict requirements, including risk-mitigation systems, high-quality of data sets, clear user information, human oversight, etc.

Unacceptable risk: for example, AI systems that allow “social scoring” by governments or companies are considered a clear threat to people’s fundamental rights and are therefore banned.

Question 3

Opportunities of AI

Answer 3

The EU aspires to be the global leader in safe AI. By developing a strong regulatory framework based on human rights and fundamental values, the EU can develop an AI ecosystem that benefits everyone. This means better healthcare, safer and cleaner transport, and improved public services for citizens. It brings innovative products and services, particularly in energy, security, and healthcare, as well as higher productivity and more efficient manufacturing for businesses, while governments can benefit from cheaper and more sustainable services such as transport, energy and waste management.

Question 4

Code of Practice for providers of general-purpose Artificial Intelligence (GPAI) models

Answer 4

Commission has launched a consultation on a Code of Practice for providers of general-purpose Artificial Intelligence (GPAI) models. This Code, foreseen by the AI Act, will address critical areas such as transparency, copyright-related rules, and risk management. GPAI providers with operations in the EU, businesses, civil society representatives, rights holders and academic experts are invited to submit their views and findings, which will feed into the Commission’s upcoming draft of the Code of Practice on GPAI models.

Question 5

DMA - Examples of the “do’s” - Gatekeeper platforms have to:

Answer 5

allow third parties to inter-operate with the gatekeeper’s own services in certain specific situations;

allow their business users to access the data that they generate in their use of the gatekeeper’s platform;

provide companies advertising on their platform with the tools and information necessary for advertisers and publishers to carry out their own independent verification of their advertisements hosted by the gatekeeper;

allow their business users to promote their offer and conclude contracts with their customers outside the gatekeeper’s platform.

Question 6

AI Act - rules

Answer 6

The new rules:

address risks specifically created by AI applications
prohibit AI practices that pose unacceptable risks
determine a list of high-risk applications
set clear requirements for AI systems for high-risk applications
define specific obligations deployers and providers of high-risk AI applications
require a conformity assessment before a given AI system is put into service or placed on the market
put enforcement in place after a given AI system is placed into the market
establish a governance structure at European and national level

Question 7

Example of the “don’ts” - Gatekeeper platforms may no longer:

Answer 7

treat services and products offered by the gatekeeper itself more favourably in ranking than similar services or products offered by third parties on the gatekeeper’s platform;

prevent consumers from linking up to businesses outside their platforms;

prevent users from un-installing any pre-installed software or app if they wish so;

track end users outside of the gatekeepers' core platform service for the purpose of targeted advertising, without effective consent having been granted.

Question 8

DMA - What will be the consequences of non-compliance?

Answer 8

Fines

of up to 10% of the company’s total worldwide annual turnover, or up to 20% in the event of repeated infringements Periodic penalty payments

of up to 5% of the average daily turnover Remedies

In case of systematic infringements of the DMA obligations by gatekeepers, additional remedies may be imposed on the gatekeepers after a market investigation. Such remedies will need to be proportionate to the offence committed. If necessary and as a last resort option, non-financial remedies can be imposed. These can include behavioural and structural remedies, e.g. the divestiture of (parts of) a business.

Question 9

DMA dates

Answer 9

proposed 2020
in force 2022

Question 10

DSA dates

Answer 10

As of 17 February 2024, the DSA rules apply to all platforms. Since the end of August 2023, these rules had already applied to designated platforms with more than 45 million users in the EU (10% of the EU’s population), the so-called Very large online platforms (VLOPs) or Very large online search engines (VLOSEs).

The Commission will enforce the DSA together with national authorities, who will supervise the compliance of the platforms established in their territory. The Commission is primarily responsible for the monitoring and enforcement of the additional obligations applying to VLOPs and VLOSEs, such as the measures to mitigate systemic risks.

Question 11

European Chips Act - dates

Answer 11

proposed in 2022
agreed and entered into force 2023

Question 12

Chips - The need for EU action

Answer 12

• Chips are strategic assets for key industrial value chains
• new markets for the chip industry are emerging such as highly automated cars, cloud, Internet of Things, connectivity, space, defence and supercomputers
• 1 trillion microchips were manufactured around the world in 2020
• 10% EU’s share of the global microchips market

Recent global semiconductor shortages forced factory closures in a range of sectors, from cars to healthcare devices. This made more evident the extreme global dependency of the semiconductor value chain on a very limited number of actors in a complex geopolitical context.

Question 13

Chips Act aims

Answer 13

The aim is to:

Strengthen Europe’s research and technology leadership towards smaller and faster chips

Put in place a framework to increase production capacity to 20% of the global market by 2030

Build and reinforce capacity to innovate in the design, manufacturing and packaging of advanced chips

Develop an in-depth understanding of the global semiconductor supply chains

Address the skills shortage, attract new talent and support the emergence of a skilled workforce

Question 14

Investments to support the Chips Act

Answer 14

The Chips Act itself should result in additional public and private investments of more than €15 billion.

These investments will complement:

existing programmes and actions in research and innovation in semiconductors such as Horizon Europe and the Digital Europe programme
announced support by Member States

In total, more than €43 billion of policy-driven investment will support the Chips Act until 2030, which will be broadly matched by long-term private investment.

Question 15

The Chips Act proposes:

Answer 15

Investments in next-generation technologies
Providing access across Europe to design tools and pilot lines for the prototyping, testing and experimentation of cutting-edge chips
Certification procedures for energy-efficient and trusted chips to guarantee quality and security for critical applications
A more investor-friendly framework for establishing manufacturing facilities in Europe
Support for innovative start-ups, scale-ups and SMEs in accessing equity finance
Fostering skills, talent and innovation in microelectronics
Tools for anticipating and responding to semiconductors shortages and crises to ensure security of supply
Building semiconductor international partnerships with like-minded countries

Question 16

The EU Digital Identity can be used for any number of cases, for example:

Answer 16

public services such as requesting birth certificates, medical certificates, reporting a change of address
opening a bank account
filing tax returns
applying for a university, at home or in another Member State
storing a medical prescription that can be used anywhere in Europe
proving your age
renting a car using a digital driving licence
checking in to a hotel

Question 17

Benefits of the EU Digital Identity

Answer 17

The right of every person eligible for a national ID card to have a digital identity that is recognised anywhere in the EU

A simple and safe way to control how much information you want to share with services that require sharing of information

Operated via digital wallets available on mobile phone apps and other devices to:
    identify online and offline
    store and exchange information provided by governments e.g. name, surname, date of birth, nationality
    store and exchange the information provided by trusted private sources
    use the information as confirmation of the right to reside, to work, or to study in a certain Member State

Question 18

European Data Governance Act - benefits

Answer 18

The initiative aims to make more data available and facilitate data sharing across sectors and EU countries in order to leverage the potential of data for the benefit of European citizens and businesses.

For example:

Good data management and data sharing will enable industries to develop innovative products and services, and will make many sectors of the economy more efficient and sustainable. It is also essential for training AI systems.
With more data available, the public sector can develop better policies, leading to more transparent governance and more efficient public services.
Data-driven innovation will bring benefits for companies and individuals by making our lives and work more efficient through:
    health data: improving personalised treatments, providing better healthcare, and helping cure rare or chronic diseases, saving approximately €120 billion a year in the EU health sector and providing a more effective and quicker response to the global COVID-19 health crisis;
    mobility data: saving more than 27 million hours of public transport users’ time and up to €20 billion a year in labour costs of car drivers thanks to real-time navigation; 
    environmental data: combatting climate change, reducing CO₂ emissions and fighting emergencies, such as floods and wildfires;
    agricultural data: developing precision farming, new products in the agri-food sector and new services in general in rural areas;
    public administration data: delivering better and more reliable official statistics, and contributing to evidence-based decisions.

Question 19

European Data Governance Act - in practice

Answer 19

The EU will boost the development of trustworthy data-sharing systems through 4 broad sets of measures:

Mechanisms to facilitate the reuse of certain public sector data that cannot be made available as open data. For example, the reuse of health data could advance research to find cures for rare or chronic diseases.
Measures to ensure that data intermediaries will function as trustworthy organisers of data sharing or pooling within the Common European Data Spaces.
Measures to make it easier for citizens and businesses to make their data available for the benefit of society.
Measures to facilitate data sharing, in particular to make it possible for data to be used across sectors and borders, and to enable the right data to be found for the right purpose.

Question 20

Data Act vs Data Governance Act

Answer 20

The new measures complement the Data Governance Act, which was the first deliverable under the European strategy for data and became applicable in September 2023. While the Data Governance Act regulates processes and structures that facilitate voluntary data sharing, the Data Act (in force since Jan 24) clarifies who can create value from data and under which conditions. Together, these two acts will facilitate reliable and secure access to data, fostering its use in key economic sectors and areas of public interest. They will also contribute to the establishment of an EU single market for data, ultimately benefiting both the European economy and society at large.

Question 21

European strategy for data

Answer 21

The European strategy for data aims at creating a single market for data that will ensure Europe’s global competitiveness and data sovereignty. This will lead to the creation of Common European Data Spaces. They will ensure that more data becomes available for use in the economy and society, while keeping the companies and individuals who generate the data in control.

Question 22

A European strategy for data - vision

Answer 22

development of data-driven applications will bring various benefits to both citizens and businesses:

improve healthcare
create safer and cleaner transport systems
generate new products and services
reduce the costs of public services
improve sustainability and energy efficiency

Question 23

Data Act - Examples of industrial and commercial data use

Answer 23

Jet engines filled with thousands of sensors collect and transmit data back to ensure efficient operation.

Wind farms use industrial data to reduce visual impact and optimise wind power.

Real-time traffic avoidance navigation can save up to 730 million hours. This represents up to €20 billion in labour costs.

Real-time notification of delayed trains can save 27 million working hours. This amounts to €740 million in labour costs.

Better allocation of resources to fight malaria could save up to €5 billion in healthcare costs globally.