Relevance for DT:

Data privacy and data flows need to be ensured on a transatlantic level through converging privacy regimes. In terms of regulating online platforms, the EU has rightly recognized the lack of fairness and contestability in digital markets and the shortcomings of competition law in relation to digital gatekeepers. We support the EU’s approach of drafting ex-ante rules for gatekeepers as well as clear rules for platforms tackling illegal content and disinformation. Determining accountability, liability and transparency obligations for illegal content, harmful content and misinformation is necessary to protect freedom and stability in democratic societies. Moreover, we contribute actively to several initiatives related to the data economy, which intend to facilitate cross-border access and use of data across industries. Our objective is to assist in creating a European data economy that avoids lock-ins and concentrated market structures.

Recommendations:

Data transfers: Data privacy and data flows need to be ensured on a transatlantic level through converging privacy regimes. Businesses require clarity and certainty regarding data transfers. After the Schrems II ruling, there is an urgent need for a future-proof agreement, which guarantees the requirements of the European Court of Justice on both sides of the Atlantic.

Content moderation: Determining accountability, liability and transparency obligations for illegal content, harmful content and misinformation is necessary to protect freedom and stability in democratic societies. The larger the platform, the higher the degree of responsibility. We are in favor of a common approach to make sure that platforms live up to their responsibility.  

Gatekeepers: Regarding the structure of digital markets, there are some undertakings that foreclose markets and limit competition. Clear thresholds for tech companies, that benefit from structural features allowing them to foreclose markets and leverage their market power in adjacent markets, need to be agreed.Competition law has proven too slow in the recent past and must be complemented by clear ex-ante obligations for these gatekeepers. Obligations should be proportionate and evidence-based. To be effective and to avoid fragmentation, rules have to be enforced in a centralized manner. The EU and US should cooperate closely in terms of information and best-practice sharing to keep markets open and contestable.

(Status 26th Jan 2022)