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obligatory surveillance, digital commons, AI choices –

Welcome to EURACTIV’s Tech Temporary, your weekly replace on all issues digital within the EU. You’ll be able to subscribe to the publication right here


“The safety of the elemental proper to respect for personal life at EU stage requires, in accordance with settled case-law of the Courtroom, that derogations from and limitations on the safety of non-public knowledge ought to apply solely in as far as is strictly obligatory.”

– Judgement of the Courtroom of Justice of the European Union on the Ligue des droits humains case

Story of the week: With a landmark ruling, the EU’s high court docket considerably restricted the appliance of the Passenger Title File (PNR) Directive. The EU laws was adopted in 2016 and launched obligations for airways at hand over the info of passengers getting into or exiting the bloc’s borders to detect people suspected of being a part of terrorist networks or organised crime. The directive additionally provided the choice of making use of the identical screening to intra-EU flights, one thing which 25 member states confirmed the intention of doing.

The court docket didn’t annul the PNR directive fully, as some human rights activists had requested, however imposed strict limitations on the surveillance mechanism. The EU judges clarified that surveillance can’t be systemic and untargeted, however as a substitute have to be strictly obligatory to reply to a real menace. The decision additionally said that automated techniques that establish suspicious individuals have to be based mostly on goal standards and beneath human assessment. Learn extra


Don’t miss: The EU is planning to depend on digital commons within the overarching battle for digital sovereignty. 19 member states contributed to a brand new report, revealed on Tuesday (21 June), which referred to as for the institution of a brand-new basis that will act as a facilitator between ecosystem actors and public authorities within the continent. “The digital revolution is a revolution of open requirements,” stated France’s digital ambassador Henri Verdier, including that he’s involved that mass digitalisation is now “threatened by malicious actors, by states which have by no means preferred the move of freedom and innovation not managed by the state and by monopolies.” Learn extra.


Additionally this week

  • The Czech Presidency set the tone of the controversy on the AI Act
  • Google Maps is beneath the scrutiny of the German competitors authority
  • Google solved its long-standing dispute with the French publishers
  • The Italian knowledge safety authority stroke one other main blow to Google Analytics


Earlier than we begin: The Von der Leyen Fee just lately handed its mid-term. With Andrea Garcia Rodriguez, the lead digital coverage analyst on the European Coverage Centre, we mentioned what the EU govt has achieved on this first half of the mandate and potential views for the longer term.

EU’s tech coverage: a mid-term assessment

The Von der Leyen Fee just lately handed its mid-term. With Andrea Garcia Rodriguez, the lead digital coverage analyst on the European Coverage Centre, we mentioned what the EU govt has achieved on this first half of the mandate and potential …


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Synthetic Intelligence

Discussions to come back. The Czech Presidency circulated a dialogue paper on “4 high-level excellent points which require extra thorough dialogue,” specifically the definition of AI, the categorisation of high-risk techniques, the governance construction and the nationwide safety exemption. Within the doc, the Czechs set out completely different situations on every matter, which vary from sustaining the established order (i.e. the French compromise) by way of reasonable modifications to extra important redesigns of the provisions. The member states have been requested to precise their most popular choices and supply a justification. The paper signifies that the upcoming Presidency will act in continuity with the French one, however will present flexibility on the extra contentious factors. Nevertheless, studying between the strains, it’s clear that the nationwide safety exemption is a pink line for Prague. The paper will likely be mentioned on the Telecom Working Social gathering on 5 July, to tell a brand new compromise textual content that can flow into by 20 July. The member states will then have till 2 September to offer written feedback. Learn extra.

Legal responsibility break up. The legal responsibility guidelines for AI techniques will likely be lined in an Synthetic Intelligence Directive, in different phrases individually from the revision of the Product Legal responsibility Directive. Each proposals are scheduled for 28 September, in keeping with an inner Fee’s timeline seen by EURACTIV. Having separate laws for AI raises the query of whether or not it will haven’t made extra sense to incorporate the legal responsibility guidelines straight within the AI Act, since MEPs are (expectedly) pushing to incorporate collective redress amendments within the regulation. The one believable reply is that the Fee needed to current one thing on AI because it had introduced it, and the legal responsibility half was not prepared but. The political motives may go to the detriment of authorized certainty if the 2 information are usually not correctly aligned. For what issues the revamped Product Legal responsibility Directive, the query stays on whether or not its scope will likely be prolonged to digital companies and software program merchandise.


Bundeskartellamt strikes once more. Germany’s competitors authority, the German Federal Cartel Workplace initiated new anti-trust proceedings towards the US digital large Google as a result of its mapping software, Google Maps, can’t be mixed with different map companies. Consequently, Google is likely to be harming rival mapping companies by proscribing the chance embody its location knowledge. These proceedings are based mostly on the revamped Part 19a of the Act towards Restraints of Competitors (GWB), which because the begin of 2021, permits Germany’s antitrust physique to intervene earlier and extra successfully towards behaviour by giant tech firms which have an “overriding affect on competitors throughout markets.” Learn extra.

Payback, with curiosity. Intel has filed to recuperate €593 million in damages from the European Fee. The filling is the consequence of a ruling of the EU’s Common Courtroom that annulled a $1.2 billion EU antitrust positive. In January 2021, the EU Courtroom of Justice established that the European Fee has to pay default curiosity on reimbursed fines.


Transferring on. After 2 years of proceedings, the French competitors watchdog accepted Google’s commitments to barter “in good religion” with French publishers about their compensation for the re-use of their journalistic content material by the American large – the “neighbouring rights”. Google agreed to increase the scope of negotiations to all publishers, together with information companies, to share the knowledge obligatory for a “clear” analysis of remuneration and to conduct discussions “on the idea of clear, goal and non-discriminatory standards”. It additionally gave up on contesting the €500 million positive that the competitors authority ordered final July. Learn extra.

Guess who’s again. Google Information has returned to Spain eight years after the service was suspended within the nation. The choice is the results of a change of laws associated to copyright, because the Spanish legislator aligned its legislative framework to the EU’s Copyright Directive permitting publishers to barter with the platforms straight. Google pointed to analysis that signifies that when Google Information withdrew from the nation, publishers suffered a loss in site visitors of about 10%, with the strongest affect on the small actors. Learn extra.


NIS2 closing steps. The ultimate model of the NIS2 Directive was adopted by COREPER on Wednesday. The subsequent step is now the vote in ITRE, adopted by the plenary’s inexperienced mild. Nevertheless, earlier than the textual content strikes forward MEPs need to ensure that it’s totally aligned with DORA and the Essential Entities Directive. Whereas for DORA the final technical assembly to fine-tune the textual content was this week, policymakers nonetheless have to achieve an settlement on the CER Directive, with the following political trilogue scheduled for subsequent Tuesday (28 June). The ITRE vote is subsequently anticipated on 13 or 14 July, with the plenary approval that may slip to October.

Ukraine’s “secret of success”. Ukraine was in focus at, the digital enterprise competition in Berlin. On Wednesday, Ukraine’s Minister of Digital Transformation Mykhailo Fedorov held a keynote speech on how the nation has used digital instruments within the conflict. He made the instance of how the Diia app, built-in with all state registers, is used to distribute info on the place Russian troops are or to assist Ukrainian residents if their property will get destroyed. Biometrics are used to create digital signatures or to establish deceased and inform kin. Fedorov additionally stated that efforts in coordination with companies have helped to grow to be technologically resilient which is why “cyberinfrastructure is in a completely operative mode”.

Inaugural assembly. The governing board of the European Cybersecurity Competence Centre met for the primary time in individual in Bucharest this week. Romanian PM Nicolae Ciucă welcomed the board members, indicating the extent of significance Romania attributes to the primary EU physique hosted in its territory. The centre has been the thing of tensions between nationwide governments and the European Fee, with the EU govt accused of intentionally suspending the appointment of its govt director to stay in charge of the brand new physique. The applying course of for recruiting the company’s head has been just lately re-opened.

Information & privateness

Google Analytics’ row continues. The Italian authority joined the membership of the info safety watchdogs that think about Google Analytics unlawful. Shaped by the French and Austrian authorities, the membership appears to be rising each few weeks. Importantly, the Italian Garante dismissed Google’s argument that the info transferred to america is being anonymised by solely transferring elements of the customers’ IP addresses. The capability of Google to mix huge quantities of knowledge has on this case backfired towards the tech large because it provides the corporate the flexibility to establish the customers for instance by their e mail addresses. Google pushed again, arguing that it must be the precise file of presidency entry to non-public knowledge that must be checked out, as a substitute of simply hypothetical conditions – within the 15 years since its analytics device existed, there has not been a single case. Furthermore, the corporate is optimistic that its current updates will tackle these issues. Learn extra.

Extra questions than solutions. The inquiry committee to research the usage of the Pegasus adware and comparable applied sciences scrutinised the consultant of the NSO Group, Chaim Gelfand, in a debate on Tuesday (21 June). MEP’s questions revolved round what management mechanisms the corporate has in place to resolve what nation can buy its highly effective surveillance instruments and what steps are taken when breaches of use are reported. Because of the method Gelfand responded to or declined to reply a number of questions, rapporteur Sophie in ‘t Veld stated that there was a “full disconnect between actuality and what you’re saying” and that it was “an insult to our intelligence”. Detailed responses are anticipated in writing and there will likely be a mission to Israel as a part of the committee’s investigations. Gelfand did verify that a minimum of 5 European member states have used the Pegasus software program. Learn extra.

Information Act competency break up. The Convention of Committee Chairs shared its advice for the allocation of competencies throughout the completely different committees concerned. The opinion states that JURI and IMCO ought to have shared competencies on your complete file. The authorized affairs committee would get unique competencies on the safety of Mental Property rights and the provisions relating to personal contracts, whereas the inner market committee would lead on the half associated to interoperability and cloud switching. The division of duties with LIBE was maintained, however the large loser is ITRE which sees its position considerably downsized. The Convention of Presidents will take the ultimate choice subsequent Thursday (30 June).

ePrivacy dragging on. A technical assembly subsequent week began addressing the article on the permitted processing of digital communications knowledge, however the dialogue solely scratched the floor of very distant opinions. Talking at an occasion, the Parliament’s rapporteur Birgit Sippel regretted that the tempo of the negotiation consisted of 1 political trilogue per presidency.

No celebration, no proper. The NGO NOYB has filed a lawsuit towards the Swedish knowledge safety authority as a result of it denied knowledge topics the appropriate to complain, which is offered beneath the GDPR. The case issues Spotify, which NOYB laments solely partially responded to an entry request. The Swedish authority refused to share info on the info topic, by stating that the criticism is being dealt with as a part of a broader investigation on Spotify, which has been ongoing for 3 years now.

Retention of IP addresses. The Bundestag has rejected a movement by the conservative parliamentary group asking for six-month retention of IP addresses to combat youngster sexual abuse on-line. All different parliamentary teams voted towards it, criticising the conservative opposition celebration for not suggesting measures that aren’t based mostly on mass surveillance, similar to preventive schooling. Nevertheless, the difficulty stays scorching. The Social Democratic Social gathering, from which Inside Minister Nancy Faeser has spoken out in favour of the retention, has introduced that there will likely be additional discussions throughout the governing coalition.

Digital Markets Act (DMA)

What’s to come back. The European Fee intends to start out with the enforcement of the DMA by specializing in seven firms thought of the true trouble-makers, whereas as much as 15 gatekeepers are anticipated in whole, EURACTIV has discovered. Whereas the quantity seven doesn’t say a lot per se, the phrase is that the EU govt additionally expects a European and a Chinese language firm to fall into the scope. Due to this fact, having the GAFAM plus these two firms would assist the argument that the DMA shouldn’t be ‘anti-American’, as some components of the US administration vocally contested. The equipment is already in movement to place the notification course of in place earlier than the DMA enters into drive in autumn, with the implementing acts anticipated to take priority over the delegated acts. On the obligations (Artwork. 5 & 6), the Fee is already working with the business stakeholders to outline the rules, involving enterprise customers and civil society representatives to fill in potential loopholes.


Step-by-step. The Bundestag adopted a invoice within the early hours of Friday, permitting extra firms to register on-line as of 1 August 2022. The invoice dietary supplements the legal guidelines transposing the EU Digitalisation Directive. With it, the net certification of business register purposes will likely be expanded, and restrictions that beforehand utilized to some authorized entities will likely be eliminated. Certification can even be made doable by way of video name. The implementation is solely within the spirit of the coalition settlement. There, the digitalisation of firm legislation is already anchored. This could make it a lot simpler to arrange an organization. Learn extra.

Industrial technique

Comply with disagree. The primary political trilogue on the Path to the Digital Decade befell on Thursday. The principle variations between the establishments associated to the Council’s place on Artwork. 9, which empowers the European Fee to provide member states extra suggestions in case the nation has ignored the earlier ones, following which the nationwide authorities must replace its technique taking them into the ‘utmost account’. The EU Council discovered the provisions such a nuisance that it eliminated your complete article, however MEPs (supported by the Fee) are able to battle for it. Equally, the member states eliminated any reference to radio spectrum from the file, since allocating spectrum is a profitable train they hardly need to be lectured about. The Czech Presidency goals to achieve a political settlement on the coverage programme already by the following trilogue on 13 July, however these contentious factors can hardly be ironed down on the technical stage.

Chips Act competencies. The Convention of Committee Chairs (CCCs) additionally offered its advice for the allocation of competencies on the Chips Act. The opinion confirms ITRE’s lead, with shared competencies for JURI and IMCO. The interior market committee acquired competencies over the provisions associated to the emergency mechanism, the activation of the disaster stage and public procurement. The authorized affairs committee didn’t obtain unique competencies as requested however may find yourself sharing the half on the appropriate to be heard, therapy of confidential info and the European Semiconductor Board. For the CCCs, the price range committee ought to give an opinion but in addition attend all of the shadow conferences and trilogues. Additionally, on this case, the ultimate phrase is with the Convention of Presidents on 30 July.

Outsourcing hotspot. Because the EU is struggling to satisfy its rising demand for IT consultants, Japanese European nations are glad to offer. Europe’s poorest nation, Moldova, has elevated its export of IT companies multiply by 5 within the final 5 years, due to a authorities coverage of tax breaks for its IT Park. Moldovan IT consultants are aggressive as they’re comparatively low cost by European requirements, nonetheless, they will make as much as 4 instances extra a member of the nationwide parliament. Learn extra.

Digitalisation in Germany. “We want a digital awakening, and we want it in all areas,” stated Digital Minister Volker Wissing at an occasion organised by the digital affiliation Bitkom. In keeping with Wissing, the federal government’s digital technique, which is predicted to be introduced at the start of July, ought to set the course for this method. The federal government is engaged on three levers. First, broadband enlargement and knowledge, as a result of quick web and the provision of knowledge are the essential stipulations for digital companies. As well as, extra focus is to be positioned on digital identities and, thirdly, uniform technical requirements shall be designed.

Girls in (deep) tech. The European Fee opened a brand new name providing funding and acceleration companies for 130 deep-tech start-ups led by ladies. The decision follows what the EU govt defines as a profitable pilot part, whereby it obtained virtually 400 purposes for 50 profitable candidates that obtained a €75,000 grant along with teaching and mentoring on enterprise methods. With this initiative, the Fee is making an attempt to compensate for the truth that lower than 15% of European start-ups are initiated by ladies.


Execution proved. Reporters With out Borders (RSF) has verified that the dying of Ukrainian journalist Maks Levin, collectively together with his bodyguard, was an execution of the Russian military. RSF despatched investigators to the forest close to Kyiv, who collected proof that the journalist might need even been interrogated and tortured earlier than the homicide. Learn extra.

First of a sort. The ‘media’ ministers of the G7 nations met in Bonn on Sunday and produced the first joint assertion on the media coverage. The assertion pays explicit tribute to the safety of journalists, the financial situations for media independence and the technological situations for media convergence. The governments of the seven nations dedicated to establishing a steady dialogue throughout the G7 to develop shared options.


CSAM quiz time. The German authorities appears decided to not let the European Fee off the hook on its proposal to combat youngster pornography. Two weeks in the past, Berlin despatched the EU govt a large listing of 61 questions on the proposal, revealed by Netzpolitik. The questions embody technical facets such because the strategies of age verification, threat mitigation measures, detection orders, obligations, penalties, information-sharing and the way the brand new centre would cooperate with current EU our bodies. One query for all summarises the temper of the dialogue: “does the COM share the view that recital 26 signifies that the usage of end-to-end-encryption expertise is a crucial device to ensure the safety and confidentiality of the communications of customers implies that applied sciences used to detect youngster abuse shall not undermine end-to-end-encryption?”

Regulate the surprising. Regulators and lawmakers are having a tough time anticipating the challenges that can come up with the forthcoming metaverse. “We’ve got labored exhausting to make sure that the European regulatory framework is satisfactory,” Thierry Breton stated on the Digital Meeting organised by the French Presidency that was held this week in Toulouse, referring to the Digital Markets Act (DMA) and the Digital Companies Act (DSA), including that Brussels doesn’t intend to “anticipate the harm to be completed earlier than intervening.” However dangers like cyberbullying and hate speech may tackle an entire new dimension on this yet-to-come, solely digital world. Learn extra.

TikTok meets EU shopper legislation. TikTok has agreed to align its business practices to the EU guidelines associated to promoting and shopper safety following a dialogue with the European Fee and nationwide shopper safety authorities, the EU govt stated on Tuesday. The dialogue began with a criticism filed by BEUC, the European shopper umbrella organisation, which accused TikTok of failing to guard minors from hidden promoting and inappropriate content material. The commitments embody extra transparency for sponsored content material, safety from inappropriate merchandise similar to alcohol and cigarettes and human assessment for influencers.

The complainer retains complaining. Nevertheless, BEUC shouldn’t be totally glad with the way in which the investigation was closed. In keeping with the affiliation, a number of points identified within the preliminary criticism haven’t been addressed. Explicit factors of concern relate to TikTok’s copyright clause. that offers the social media license over user-generated content material, the profiling and focusing on of minors for promoting and the potential abuses by influencers urging customers to buy ‘digital cash’. On the side of focused promoting, Euroconsumers is getting ready to battle over the truth that TikTok processes private knowledge now not based mostly on the customers’ consent however on the notion of ‘professional curiosity’. Euroconsumers is predicted to ship a proper injunction to TikTok on the matter subsequent week, step one to initiating a case earlier than the Irish Information Safety Commissioner.

One yr later. Meta’s Oversight Board revealed its first annual report this week. The Board obtained a couple of million instances by customers and Meta, and eight out of 10 person appeals regarded bullying, hate speech and incitement to violence. Nevertheless, the Board solely revealed 20 choices, overturning Meta’s absorb 70% of the instances. Probably the most important of those choices was considered the affirmation of the suspension of former US President Donald Trump. The physique additionally made 86 suggestions to Meta, two-thirds of which have both been applied or are at present in progress. The suggestions embody translating Meta’s guidelines into extra languages, explaining to customers whether or not the content material moderation choice was taken robotically or by a human and adopting a brand new Disaster Coverage Protocol.

Age verification checks. Instagram is testing new choices for verifying customers’ age, a obligatory step to permit extra ‘age-appropriate experiences’, the social community stated on Thursday. The brand new coverage will likely be initially rolled out in america for those who attempt to edit their date of beginning from a minor to over 18. Moreover the standard add of an ID, Instagram will enable providing the choice to take a video selfie that can use the software program offered by Yoti to confirm the age. Alternatively, customers can go for social vouching, asking three mutual followers that aren’t minors to confirm their age.


Trying forward. Tech giants are forming the Metaverse Requirements Discussion board, a brand new standardisation physique to make sure the arising digital worlds will likely be suitable with one another and forestall the creation of the so-called ‘walled gardens’. The organisation will embody an entire vary of firms, from Meta and Microsoft to chipmakers to the gaming business. Apple is conspicuously absent from the listing of contributors. Whereas analysts promise a vivid future for the US firm within the metaverse, it has but to place itself within the digital actuality subject, with the launch of a brand-new headset already within the pipeline.


We’ll know quickly. Orange’s bid to accumulate a majority stake within the Belgian cable firm VOO is at present beneath the scrutiny of the European Fee, which is set to offer a call based mostly on its preliminary assessment by 28 July. If accomplished, the deal would put Orange in charge of the cable community of Belgian’s Wallonia area and elements of town of Brussels.


Mathieu Pollet and Laura Kabelka contributed to the reporting.


What else we’re studying this week:

Publishers grapple with youthful audiences avoiding the information (Digiday)

Microsoft to retire controversial facial recognition device that claims to establish emotion (The Verge)

Classes for Elon Musk from Meta’s content material moderation (FT)

Defending Ukraine: Early Classes from the Cyber Conflict (Microsoft)


[Edited by Nathalie Weatherald]



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