20.04.2020

The View from Brussels #119

Highlights from Last Week

CW 16 / Monday, 13th March to Friday, 17th April: Mini Plenary Sessions (Brussels/online) *new*

COVID-19 App: Last week, the EU Commission presented both a toolbox and a data protection guideline, thereby showcasing its ideas for a European COVID-19 App designed to keep users informed about potential contact with infected persons. As Vice-President Vestager stated: “You don’t have to choose between fighting the virus and protecting privacy.” (see Euractiv).

The documents on the toolbox recommend that mobile applications for contact tracing should not use location data, should be switched off as soon as they are no longer needed, and should be compatible and secure. At the same time, the use should also be voluntary and comply with EU data protection law, including the GDPR and the ePrivacy Directive. Data should also be stored and encrypted on a user’s device, and national data protection authorities should always be consulted when developing an app. However, it is stressed that the guideline is not binding, given that the EUCJ is the only institution that can legally render EU law.

In the meantime, the Renew Europe political group has tabled a request for a plenary debate on this subject. An online event on this topic will also take place next Friday from 10:00 a.m. to 12.30 p.m., involving three panels on: Value of Contact Apps as Part of the Response to the Pandemic; Which Model?; and Privacy, Transparency, Civil Rights. Some Renew MEPs have also individually addressed questions about the Pan-European Privacy-Preserving Proximity Tracing (PEPP-PT) project to representatives of the PEPP-PT body.

Digital Services Act: The IMCO Committee published its draft opinion prepared by MEP A. Bielan (ECR, Poland) on the own-initiative report on the DSA and the intellectual property rights issues posed (2020/2022; amendments until 5th May). The committee responsible for this initiative was the LIBE, with K. Peeters MEP (EPP, Belgium) as rapporteur. His draft report, as well as the report by MEP T. Wölken (JURI), (2020/2019), are both to be translated.

In the IMCO Committee, MEP A. Agius Saliba (S&D, Malta) has published his draft own-initiative report on DSA and Improving the Functioning of the Single Market (2020/2018):

According to the rapporteur, the Digital Services Act should include:

  • a revised framework with clear due diligence transparency and information obligations,
  • clear and detailed procedures and measures related to the removal of illegal content online, including a harmonized legally-binding European notice-and action mechanism,
  • effective supervision, cooperation and sanctions,
  • an internal market legal instrument imposing ex-ante obligations on large platforms with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.

The rapporteur calls for preserving the country of origin principle, the principle of limited exemption from secondary liability (Art. 12-14 E-Commerce Directive), and the prohibition of general monitoring obligations (Art. 15 E-Commerce Directive), as well as the regulation of fraudulent notices. Furthermore, the rapporteur defends the importance of Internet anonymity and supports the creation of a dedicated category of systemic online platforms which would be invested with additional statutory obligations.

However, several parts of the report seem, in principle, to be worrying. In particular, “know your customer” requirements could impose significant compliance costs for service providers. In addition, the report foresees a number of additional heavy obligations on online marketplaces, including the obligation to remove content identified as unsafe within 24 hours. Furthermore, the text tackles the issue of passive vs active services, evoking the possibility of investing services which organize their content (very much like in the Copyright Directive) with direct liability.

Artificial Intelligence:In the LIBE Committee, MEP O. Kovarik published his opinion on the INI Report of the CULT Committee on Artificial Intelligence in Education, Culture and the Audiovisual Sector.

Commission Work Programme: As previously mentioned, as a consequence of the coronavirus pandemic, the EU Commission is also currently working on an update of its work programme. This will lead to expected shifts in various topic areas. The recommendations from a leaked draft (dated 6 April) read as follows:

Platforms: The timing for the European Action Plan for Democracy (Q4 2020) should be maintained, as “disinformation has been highlighted by the President as a major issue in the current crisis”. The plan will include regulations on political ads.

Digital Services Act: This package, which includes the review of the e-Commerce Directive and the initiative on ex ante regulation of platforms, is likely to be postponed. It was originally scheduled to be published by Q4 2020 but “moving it to Q1 2021 would be unlikely to have an important negative impact.”

Artificial Intelligence: Follow-up actions to the White Paper on AI were planned for Q4 2020. “The horizontal initiative on artificial intelligence from DG CNECT could possibly be postponed to Q1 2021, but preferably not later,” the document states. It goes on to posit that the review of the Machinery Directive, the General Product Safety Directive, and the liability initiative could also be postponed until next year. However, the delegated acts under the Radio Equipment Directive relating to fraud, privacy, and connected devices could yet see the light of day this year.

Cybersecurity: The review of the Directive on the security of network and information systems (NIS Directive) and a proposal for additional measures to protect critical infrastructures are still planned to take place in Q4 2020.

Sustainability: The initiative “Empowering the consumer for the green transition,” which is part of the Circular Economy package, could be postponed from Q4 2020 to 2021. The legislation on common chargers is likely to be postponed from Q3 2020 to next year.

Telecommunications: The review of the Roaming Regulation could possibly be postponed from Q4 2020 to Q1 2021.

Consumers: The non-legislative Consumer Agenda planned for Q4 2020 is to be progressed as planned. “The consumer angle could be seen as a significant element of the post-crisis narrative,” the document states.

Data protection: The document confirms that the Commission’s review of the GDPR will take place as planned in June and that it “need(s) to also reflect the reality of the [coronavirus] crisis” in the context of data used to fight pandemics.

Regulation: In a published decision, the Italian Communications Authority (AGCOM) imposed a six-month broadcasting ban on a TV channel broadcasting an advertising program for the sale of nutrient carriers. The decision is based on the lack of a scientific basis for the claims made in the program regarding the advertised products.

Although this decision concerns television and not ISPs, the legal principles expressed (and implied) by AGCOM may in the future affect other sectors.

EP Think Tank Publications

 

Outlook for the Coming Week

CW 17 / Monday, 20th to Friday, 24th April: “Yellow Week” (Videoconferences); *new*

As a result of the coronavirus, the European Parliament has once again adjusted its calendar as of 2nd April. You can find a list of the upcoming dates of the European Parliament here.

You can find an overview of the most important dates of the Council week here, the meeting calendar here, or the confirmed teleconference and video conference dates here.

At the present point in time, agendas are unfortunately only available in some cases. Among these are:

  • Informal Videoconference of the Ministers of Sport, Tuesday, 21st April;
  • Informal Videoconference of the European Ministers, Wednesday, 22nd April;
  • Informal Videoconference of the Ministers of Foreign Affairs and Trade, Wednesday, 22nd April;
  • Informal Videoconference of the Members of the Horizontal Working Party on Cyber Issues, Wednesday, 22nd April;
  • Informal Videoconference of the Members of the Horizontal Working Party on Enhancing Resilience and Countering Hybrid Threats, Thursday, 23nd April;
  • Videoconference of the European Council,Thursday 23rd April;
  • Coreper I, Wednesday, 22nd April;
  • Coreper II (with topics including COVID-19), Monday, 20th April.

Information about the weekly Commission meeting can still be found in the preview or (at short notice) in the current agenda.  The Commission will review the current situation regarding the spread of coronavirus in the EU at its weekly meeting.

The judicial calendar of the EUCJ can be found here.

 

LIBE Committee (EP)

Current Meetings

  • Thursday, 23rd April 2020, 10.00-12.00 and 15.00-17.00 (videoconference)

Excerpts from the Current Agenda

23rd April 2020, 15.30 – 16.55

Joint debate

Item 9. Assessment of emergency measures taken in all Member States in the context of COVID-19 outbreak including of the situation in Hungary and their implications on democracy, rule of law and fundamental rights

LIBE/9/02809

Item 10. State of play concerning the preparation of the annual Rule of Law Report, in particular on its methodology

LIBE/9/02810

Exchange of views with Dider Reynders, Commissioner for Justice

Further Meetings (Calendar)

  • 27th April 2020, 16.00-18.00 (Videoconference)
  • 7th May 2020, 10.00-12.00 (Videoconference)

JURI Committee (EP)

Current Meetings

  • None

Further Meetings (Calendar)

  • Open

Dossier Timetable (24th March 2020)

ITRE Committee (EP)

Current Meetings

  • Friday, 24th April 2020, 10.00-12.00 (videoconference, Agenda not yet published)

Further Meetings (Calendar)

  • Open

IMCO Committee (EP)

Current Meetings

  • None

Further Meetings (Calendar)

  • Open

Dossier Timetable (1st April 2020)

 

CULT Committee (EP)

Current Meetings

  • None

Further Meetings (Calendar)

  • Open

 

Further Scheduled Parliamentary Calendar Dates

  • CW 18 / Monday, 27th April to Friday, 1st May: “Yellow Week” (videoconferences); *new*
  • CW 19 / Monday, 4th  to Thursday, 7th May: Political Group and Committee Meetings (Brussels);
  • CW 20 / Monday, 11th to Thursday, 14th May: Mini Plenary Sessions (Brussels).

 

The View from Brussels
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