ZEI Monitor: EU Progress 2014-2019

Completing the Digital Single Market

• Entry into Force - the amended Audiovisual Media Services Directive:

On the 14th of November 2018, the Directive (EU) 2018/1808 amending Directive  2010/13/EU on the coordination of the provision of audiovisual media services in member states (Audiovisual Media Services Directive) went into effect. The amendment introduces new definitions of "audiovisual media services" and of "video-sharing platform services". It also sets out obligations on their business conduct as well as on the regulatory responsibilities of member states. The Directive is based on a legislative proposal by the Commission from the 25th of May 2016 (see ZEI Monitor for 2016). 

• Legislative Proposals - Next Long-Term EU Budget 2021-2027:

On the 6th of June 2018, the European Commission proposed to renew the 'Connecting Europe Facility', with 42.3 billion euro to support investments in the European infrastructure networks for transport (30.6 billion euro), energy (8.7 billion euro) and digital (3 billion euro). (Press release)

The legislative proposals include:

1. A Proposal for a Regulation on the Revision of the Connecting Europe Facility

2. A Proposal for a Regulation establishing the Digital Europe programme for the period 2021-2027
 

• Data Privacy: On the 15th of May 2018, the European Commission presented a set of concrete actions that European leaders can take to protect citizens' privacy and make the EU's Digital Single Market a reality before the end of 2018.
  General Data Protection Regulation: The Commission is inviting EU leaders to ensure that national authorities urgently put in place all the remaining steps necessary to prepare for the application of the new rules in all members states.
  ePrivacy Regulation: Alongside the General Data Protection Regulation, the ePrivacy Regulation was proposed in January 2017. The Commission is urging the Council to swiftly agree on its negotiation position on the ePrivacy Regulation, so that negotiations with the European Parliament can start by June 2018, with a view to the adoption by the end of 2018.

Next steps:
•    Mobilising the necessary public and private investments to deploy artificial intelligence, 5G connectivity networks, high-performance computing. (More)
•    Ensuring that the Regulation on free flow of non-personal data, designed to further develop the European data economy, is agreed by co-legislators by June 2018.
•    Similarly, the Electronic Communications Code, aiming at boosting investment in high-speed and high-quality networks across the EU, should also be finalised by June 2018. (More)
•    Helping Member States equip Europeans with the digital skills they will need in today's and tomorrow's digital economy and society. (More)

• Tackling Disinformation Online: On the 26th of April 2018 the European Commission proposed measures to tackle disinformation online, including an EU-wide Code of Practice on Disinformation, support for an independent network of fact-checkers, and a series of actions to stimulate quality journalism and promote media literacy.  The Commission intends to convene a multi-stakeholder forum to provide a framework for efficient cooperation among relevant stakeholders and to secure a commitment to coordinate and scale up efforts to tackle disinformation. The forum's first output should be an EU-wide Code of Practice on Disinformation to be published by July 2018, with a view to having a measurable impact by October 2018. (More)

• Legislative Proposal - New Rules for Online Platforms: On the 26th of April 2018, the European Commission put forward a Proposal for a Regulation on new Rules for Online Intermediation Services aimed at providing small businesses with a safety net in the digital economy. The new rules are to improve the functioning of the Digital Single Market and aim to create a fair, transparent and predictable business environment for smaller businesses and traders when using online platforms. (More)

• Legislative Proposals - New Company Law Rules: On the 25th of April 2018, the European Commission proposed new company law rules to make it easier for companies to merge, divide or move within the Single Market: 
  

1. A Proposal for a Directive on the Use of Digital Tools and Processes in Company Law

2. A Proposal for a Directive on Cross-Border Conversions, Mergers and Divisions

The new rules are to ensure that employees' rights are well protected and tax abuse is prevented. The rules aim to stimulate the growth potential of European companies by digitalising the process of setting-up and running a business. (More)

• Artificial Intelligence: On the 25th of April 2018 the European Commission presented a series of measures to put artificial intelligence (AI) at the service of Europeans and boost Europe's competitiveness in this field. The Commission has proposed a three-pronged approach to increase public and private investment in AI, prepare for socio-economic changes, and ensure an appropriate ethical and legal framework. Following the Declaration of Cooperation signed by 24 member states and Norway on the 10th of April 2018, the Commission will start work with member states to have a coordinated plan on AI by the end of this year. (More)

• Entry into Force - Cross-Border Parcel Delivery Services Regulation:

On the 18th of April 2018, the Regulation on Cross-Border Parcel Delivery Services came into effect. It is based on a Commission Proposal from the 25th of May 2016.

• Legislative Proposals - Digital Corporate Taxation: 

On the 21st of March 2018, the European Commission tabled two legislative Proposals on digital corporate taxation: 

1. A Proposal for a Council Directive on Rules for Corporate Taxation of a Significant Digital Presence 

2. A Proposal for a Council Directive on the Common System of a Digital Services Tax on Revenues 

• Entry into Force - Geoblocking-Regulation:

Implementation of the Digital Single Market Strategy

• Entry into Force - Consumer Protection Rules Regulation:
  

On the 12th of December 2017, the Regulation on Consumer Protection Rules (cooperation between national authorities responsible for the enforcement of consumer protection laws) went into effect.

• Entry into Force - WiFi-Regulation:
  

On the 25th of October 2017, the Regulation on the Promotion of Internet Connectivity in Local Communities went into effect, amending Regulations (EU)  No  1316/2013 and (EU) No 283/2014

• Guidelines against Illegal Online Content: On the 28th of September 2017 the European Commission presented guidelines and principles for online platforms. The aim is to increase the proactive prevention, detection and removal of illegal content inciting hatred, violence and terrorism online. The increasing availability and spreading of terrorist material and content that incites violence and hatred online is a serious threat to the security and safety of EU citizens. These guidelines and principles first step and follow-up legislative initiatives will depend on the online platforms' actions to proactively implement the guidelines by May 2018. (More)

• Digital  Corporate Taxation - Communication: On the 21st of September 2017 the European Commission launched a new EU agenda to ensure that the digital economy is taxed in a fair and growth-friendly way. The Communication adopted by the Commission sets out the challenges Member States currently face when it comes to acting on this pressing issue and outlines possible solutions to be explored.The aim is to ensure a coherent EU approach to taxing the digital economy. This Communication paves the way for a legislative proposal on EU rules for the taxation of profits in the digital economy. Those rules could be set out as early as spring 2018 (More)

• Entry into Force - Directive on Certain Permitted Uses of Copyrighted Works for Blind People
  

On the 13th of September 2017, the Directive on certain permitted uses of copyrighted works for the benefit of persons who are blind, visually impaired or otherwise print-disabled went into effect (amending Directive 2001/29/EC). It is based on a Commission proposal from the 14th of September 2016 (see ZEI Monitor 2016). 

• Legislative Proposal - Combatting Online Fraud: On the 13th of September 2017, the European Commission tabled a Proposal for a Directive on Combating Fraud and Counterfeiting of Non-Cash Means of Payment, replacing Council Framework Decision 2001/413/JHA (More) 

• Legislative Proposal - EU Cybersecurity Act: On the 13th of September 2017, the European Commission put forward a Proposal for a Regulation on Cybersecurity (on ENISA, the "EU Cybersecurity Agency", and repealing Regulation (EU) 526/2013, and on Information and Communication Technology cybersecurity certification)
  

• Entry into Force- Cross-Border Portability of Online Content Services:
  

On the 14th of June 2017, the Regulation on Cross-Border Portability of Online Content Services in the Internal Market came into effect. The rules will become applicable in all EU member states by the beginning of 2018 as the Regulation grants providers and right holders a 9 month period to prepare for the application of the new rules.

• Digital Single Market Strategy - Midterm Review: On the 10th of May 2017, the EU Commission published the mid-term review of the Digital Single Maket strategy. To this moment Commission has proposed all initiatives set out in the Digital Single Market strategy which was adopted in May 2015. The publication of the mid-term review gives an overview of the state of play of the Digital Single Market strategy, emphasising the political responsibility for the European Parliament and Member States to finalise key legislation and complete the strategy by 2018. The review also outlines three main areas where the EU needs to act further (data economy, cybersecurity and online platforms). (More)

•  European Data Economy: On the 10th of January 2017, the European Commission put forward a Communication on building a European data economy in order to remove restrictions to the free movement of data across borders as well as several legal uncertainties. (More)  

• Legislative Proposal - Privacy and Electronic Communications:
  

On the 10th of January 2017, the European Commission tabled a Proposal for a Regulation on Privacy and Electronic Communications to ensure a higher standard of protection whilst opening up new business opportunities. (More)     

Implementation of the Digital Single Market Strategy

• Entry Into Force - Ending Roaming Charges - Commission Implementing Regulation on the Abolition of Retail Roaming Surcharges on the 15th of December 2016

• Legislative Proposal - European Communications Code:

On the 12th of October 2016, the European  Commission put forward a Proposal for a Directive establishing the European Electronic Communications Code

• Legislative Proposals - WIFI-Access, BEREC and Copyright:

On the 14th of September 2016, the European Commission published two legislative proposals:

1. A Proposal for Regulation on the Promotion of Internet Connectivity in Local Communities

2. A Proposal for a Regulation establishing BEREC, the Body of European Regulators for Electronic Communications

3. "Copyright Directive": A Proposal for a Directive on certain permitted uses of copyrighted works for the benefit of persons who are blind, visually impaired or otherwise print-disabled went into effect (amending Directive 2001/29/EC).

• Public-Private Partnership on Cybersecurity: On the 5th of July 2016 the European Commission launched a new public-private partnership on cybersecurity that is expected to trigger 1.8 billion euro of investment by 2020. This is part of a series of new initiatives to better equip Europe against cyber-attacks and to strengthen the competitiveness of its cybersecurity sector. (More)

• Legislative Proposals - New E-Commerce Rules: On the 25th of May 2016, the European Commission put forward a package of legislative measures to allow consumers and companies to buy and sell products and services online more easily and confidently across the EU. (Press release)

The proposals include:

1. A Proposal for a Regulation on Tackling Unjustified Geo-Blocking and other forms of discrimination based on place of residence or establishment, or nationality within the Single Market

2. A Proposal for a Regulation on Cross-Border Parcel Delivery Services

3. A Proposal for a Revision of the Consumer Protection Cooperation Regulation 

• Legislative Proposal - amending the Audiovisual Media Services Directive:

On the 25th of May 2016, the European Commission presented a Proposal amending the Audiovisual Media Services Directive 2010/13/EU on the coordination of the provision of audiovisual media services in member states. The amendment aims to introduce new definitions of "audiovisual media services" and of "video-sharing platform services". It also sets out obligations on their business conduct as well as on the regulatory responsibilities of member states. 

• Industry Digitisation: On the 19th of April 2016 the European Commission put forward a set of measures for the digitisation of industry and related services across all sectors in order to support and link up national initiatives and to boost investment through strategic partnerships and networks (More).

• European Cloud Initiative: As part of these digitisation measures, the European Commission on the 19th of April 2016 also presented its "European Cloud Initiative" - a blueprint for cloud-based services and world-class data infrastructure to ensure science, business and public services reap benefits of the big data revolution. By bolstering and interconnecting existing research infrastructure, the Commission plans to create a new European Open Science Cloud that will offer Europe's 1.7 million researchers and 70 million science and technology professionals a virtual environment to store, share and re-use their data across disciplines and borders (More).

• Online Dispute Resolution (ODR) Platform: On the 15th of February 2016 the European Commission launched a new platform which aims to help consumers and traders solve online disputes over a purchase made online. The Online Dispute Resolution (ODR) platform offers a single point of entry that allows EU consumers and traders to settle their disputes for both domestic and cross-border online purchases. This is done by channeling the disputes to national Alternative Dispute Resolution (ADR) bodies that are connected to the platform and have been selected by the Member States according to quality criteria and notified to the Commission. (More)

A Digital Single Market Package 

• On the 6th of May 2015, the European Commission unveiled its detailed plans to create a Digital Single Market, thereby delivering on one of its top priorities.  The Digital Single Market Strategy includes a set of targeted actions to be delivered by the end of next year. It is built on three pillars: allowing better access for consumers and businesses to digital goods and services across Europe; creating the right conditions and a level playing field for digital networks and innovative services to flourish; maximising the growth potential of the digital economy.  (More)

• On the 9th of December 2015, the EU Commission presented two proposals to better protect consumers who shop online across the EU and help businesses expand their online sales. The goal is to improve digital contract rules in order to simplify and promote access to digital content and online sales across the EU.  (More)

• Further information on the proposed Regulation on the cross-border portability of online content services and the Communication to modernise EU copyright rules (More)

• On the 15th of December 2015, the European Commission found an agreement with the European Parliament and the Council on EU Data Protection Reform, following final negotiations between the three institutions (so-called 'trilogue' meetings). The reform is based upon a Commission proposal from January 2012 and consists of two instruments: First, the General Data Protection Regulation is aimed at enabling people to better control their personal data. Second, the Data Protection Directive for the police and criminal justice sector intends to ensure that the data of victims, witnesses, and suspects of crimes, are duly protected in the context of a criminal investigation or a law enforcement action. (More)

• Fact Sheet

The EU's Novel Data Protection Regulation: Changing the Face of the Internet by Michael Amoah Awuah No. 54 May 2018 (Download)

Data Access – Optimizing the Policy Framework for a European Data Economy by Sanni Kunnas No. 46, February 2017 (Download)

Data Protection Reform: Strengthening individuals’ rights in the digital era by Pagona Tsormpatzoudi No.21, May 2015 (Download)

Governance challenges on the path to a Digital Single Market by Caleb Fagade No. 18, March 2015 (Download)

Digital Harmonization: Unlocking the untapped potential of the European Single Market by Dennis Flück No. 13, February 2015 (Download)

A long road to an ambitious goal: the digital single market by David Muschiol No. 9, January 2015 (Download)