The recently presented Data Governance Act aims to provide a data governance structure for sharing (public and private) data for the benefit of European governments, companies and citizens. With this act, the Commission hopes to create a level playing field (and end the hegemony of the current players) and inspire trust, so that citizens and organizations will be more willing to share their data, especially when this serves public interest and enables open modes of innovation. In early 2020, Europe presented plans for several data spaces. These data spaces should facilitate the easier exchange of data in specific sectors, such as healthcare, energy, transportation and agriculture. This could be done by means of clear protocols on data structures and agreements on open access.
Regarding the service layer, the EU has been trying since 2000, by means of the E-Commerce Directive, to create a single, harmonized market for digital services. The Commission follows up on these measures with the Digital Services Act. Essentially, the DSA will restrict the freedoms of online services and should create more clarity on the responsibilities and liabilities of these platforms. The emphasis here, is on the protection of consumers and service providers (such as delivery drivers or handypersons) and it will mostly be platforms on which products or services are sold that will come under scrutiny.
Concurrent with the DSA, the Digital Markets Act is also to come into effect. The DMA is meant to prevent large online platforms, which presently hail from the U.S. and China, from abusing their market power to thwart other, smaller (and mostly European) players. The DMA will therefore entail rules for so-called gatekeepers respecting the preferential treatment given to their own services, the bundling of services and making certain data available to other parties.
In early 2020, the Commission also presented its white paper on Artificial Intelligence. In this paper, as yet without any legal framework to support it, the ambition is expressed to make Europe a frontrunner in the application of AI and, at the same time, to expressly uphold European values and norms. A group of 14 countries, including the Netherlands, has already responded with a plea for a soft law approach, which should ensure that the development of technology (and applications) is not inhibited by legal barriers before it even begins.
Whether and how these laws and initiatives will actually put Europe back in the lead remains to be seen. One of the (typically European) challenges will be the balancing of interests of different member states. We’re currently joined in battle against a number of foreign platforms, but the question is what will happen when a French, German or Spanish platform dominates (part of) the market. Will there still be consensus to combat that? The same applies to the European cloud ecosystem; will that be a truly European ecosystem, or will it remain a French-German affair for which other countries will be unwilling to sacrifice their own standards (and companies)? Ultimately, the European good will partly have to take precedence over the national good in order for these plans to be realized and to prevent us from all losing in the end. If we fail to do that, we will see the added value of technology flow to other economies and will be stuck with technological solutions that don’t align with our ideas about the Good Life.