Highlights from the Past Week
CW 5 / Monday, 31 January to Thursday, 3 February: Committee Meetings Week (Brussels);
DIGITAL SERVICES ACT PACKAGE – DMA AND DSA TRILOGUE TALKS: As is customary, the first political trilogue on DSA was one that didn’t last very long – but it was reported that the atmosphere was good. Things got more substantive during the technical talks on Wednesday. After two more rounds, on Monday and Thursday, another political round is to take place on 15 February.
In the meantime, with regards to the DMA, the second political trilogue was held last week on Thursday. Beforehand, an updated 4-column document was distributed (PDF). However, no major achievements were apparently fulfilled. Numerous topics had been pushed (back) to the technical level. However, several media outlets reported that there might be a shift in the rules on targeted online advertising in the DSA. For example, Euractiv reports from a conversation with A. Schwab, that “everybody is speaking to everyone on everything”, with Schwab adding that he was in conversation with DSA reporter Christel Schaldemose on how to link the two files.
ONLINE ADVERTISING – BELGIAN DATA PROTECTION AUTHORITY CASTS DOUBT ON LEGALITY OF COOKIE BANNERS: Last week, the Belgian Data Protection Authority (bDSB) presented its decision on a central aspect of cookie banners. According to the decision, the “Transparency and Consent Framework” (TCF), on which practically all European cookie banners are based, is not compatible with the General Data Protection Regulation. Although the authority has only imposed a comparatively small fine of 250,000 Euro, its decision is shaking up the billion-dollar industry of online advertising.
The bDSB sees IAB Europe, which developed the TCF, as responsible for the data disseminated via the system, with this data deemed by the bDSB to be at least partially personal. The advertising organisation has two months to submit a plan on how it will rectify the defects. (see Table Europe, paywall)
EU-US PRIVACY SHIELD 2 – RUMOURS INTENSIFY: On Thursday, US Commerce Secretary Gina Raimondo said the deal was a top priority for the Biden administration. Meanwhile, some experts have come to the conclusion that European law could be flexible on whether the US is required to set up a redress mechanism. The experts say that establishing such a mechanism in statutory form would bring many benefits, but would be very difficult in practical terms because of the US constitutional and political system. However, they believe there is more room for manoeuvre when it comes to non-statutory approaches, which could still be compatible with European law.
Politico reports on a “picture where EU citizens will be able to directly (or, in a back-up option, via their national governments) submit complaints to an independent judicial body if they believe U.S. national security agencies have unlawfully handled their personal information. That redress mechanism, bizarrely, may go further than what is available to U.S. citizens when they want to complain about government data access.” This is not to be achieved through new laws, but simply by revising existing rules or federal oversight.
DATA ACT – LEAKED DRAFT: Last week, a 62-page draft of the Data Act expected for 23 February was disclosed (PDF).
The EU Commission wants to use it to boost data-driven business models in Europe. As a new legal framework, the Data Act is intended to make it easier for start-ups and smaller companies to access data and to reduce the clustered concentration of data with large providers.
Special rules are to apply to the state. If authorities demand access to an organisation’s data in crisis situations, it must be made available quickly and free of charge. Authorities can also request data in “special circumstances”, but must then pay the costs incurred “plus a reasonable margin”.
In principle, there should be no encroachment on data autonomy between companies. However, the Commission proposes special rules for manufacturers of connected devices and related services active in the EU – the Internet of Things (IoT). Here, users should be able to demand free-of-charge access to the data they generate.
To prevent lock-in effects, the Commission wants to oblige cloud providers to terminate service contracts within 30 days and to enable a “functional equivalence of the service in the IT environment of the other providers”. In order to prevent access by security authorities from third countries, data processors should also take “all reasonable technical, legal and organisational measures”. (see Table Europe, paywall and Euractiv)
HATE ON THE INTERNET – EU JUSTICE MINISTERS AIMING FOR EUROPEAN CRIMINAL OFFENCE: Last week, EU Justice Ministers met informally. During these initial informal discussions, they expressed the shared ambition to include hate speech and crimes in the list of offences (the so-called “Eurocrimes”) defined at European level, in Article 83 of the TFEU.
These are cross-border crimes such as terrorism, drug and arms trafficking or the sexual exploitation of women and children. For such offences, there are common minimum rules in all 27 EU Member States, for example in the determination of penalties. (see Council press release)
E-EVIDENCE – A PING–PONG BETWEEN COUNCIL AND PARLIAMENT: Last Monday, the LIBE Committee was host to the French Minister of Justice, Éric Dupond-Moretti. The first topic in Dupond-Moretti’s speech was that of E-Evidence, with the minister taking ample time to call for progress in this area. Ms Sippel, the European Parliament’s rapporteur, replied that she had already proposed a package to the Council at the end of December (from 17h12) and that the ball was now in the Council’s court. She took this opportunity to underscore that a distinction between transport and content data is a red line. According to Dupond-Moretti, the Presidency was currently still consulting the other Member States on this topic. (video)
According to reported information from MEP Sippel, this proposal responded to rumours that the French Council Presidency itself was planning a proposal for a package to take effect in January.
Among other aspects, the proposal contains an 8-hour response time for Internet Service Providers and thus a clear concession on the part of the European Parliament, which in its report still stood at 16 hours, compared to the Council’s call for 6 hours.
In addition, in urgent cases, judicial confirmation should also be able to be obtained retrospectively if the issuing authorities could act on the order in a similar domestic case without confirmation.
The next technical meeting is scheduled for 10 February. The French Presidency has already prepared a discussion paper for Tuesday, which was published by Contexte (paywall, FR) (PDF) and will be discussed in the Coordinating Committee in Criminal Matters (CATS). The paper deals in particular with the notification of orders for the production of electronic evidence, especially that concerning sensitive data, the possible grounds for refusing to produce evidence, and the right to information and appeal.
eID – STUDY INDICATES THREAT TO PRIVACY: As Politico Pro (paywall) reported last week, EU plans to introduce an EU-wide framework for digital identity could lead to several “security, privacy and data protection challenges”. This is according to a report written by Lukasz Olejnik on behalf of the European Parliament’s Civil Liberties Committee (LIBE) on the EU’s plans for eID, which will soon be presented to the committee (PDF).
Among other issues, he sees the requirement for web browser vendors to facilitate the use of qualified certificates for website authentication as “very sensitive concerning freedom of expression, security and privacy”.
EUROPOL – TRILOGUE REACHES AGREEMENT: It was announced last week that the Council and Parliament have reached agreement on the new, extended mandate for Europol, the EU agency for law enforcement cooperation.
The strengthened mandate will, among other factors, allow for effective cooperation with private parties while fully respecting data protection requirements. Under its revised mandate, Europol will be able to receive personal data directly from private parties and analyse this data to identify those Member States that could open investigations into related crimes. Such cooperation will remain subject to strict data protection requirements. (see press release COM)
DATA FLOW – COMMISSION PRESENTS STUDY RESULTS: The European Commission has published a study mapping and estimating the volume of data flowing into the main cloud infrastructures in the 27 Member States in addition to Iceland, Norway, Switzerland and the United Kingdom.
The outcomes show that, in 2020, the largest data flows came out of the healthcare sector, with Germany recording the largest volume of data inflows. The report also estimates that by 2030, data flows originating from European businesses will be 15 times higher than in 2020 (see COM press release).
MOBILITY – COMMISSION ADOPTS GUIDELINES ON THE REGULATION OF TAXIS AND PRIVATE HIRE VEHICLES: The new guidelines on the regulation of taxis and private hire vehicles clarify how the Internal Market rules should be applied to taxis and private hire vehicles and how appropriate regulation can make these services more sustainable, accessible and fair.
For instance, the guidelines advises against regulation leading to empty runs, such as an obligation for private hire vehicles to return to the garage in between runs, or geographical restrictions that prevent drivers from taking passengers on return trips from remote locations. The guidelines encourage passenger pooling, more sustainable vehicle fleets, and integration with public transport and active mobility. They also emphasise that requirements to become a driver and operating conditions should be simple and proportionate. (see press release COM)
GERMANY – NETWORK ENFORCEMENT ACT NOT BE APPLIED IN PART: As previously reported, several platform operators have taken legal action against the reporting obligation contained in the updated German Network Enforcement Act (NetzDG). As a first consequence, the Federal Ministry of Justice (BMJV) has announced that: “In order to enable the court to make a pertinent decision, a so-called standstill commitment has been granted.”
This exemption applies specifically to Google and Meta. It is unclear to what extent Twitter and Tiktok, who only filed a complaint at the end of January, will also benefit. (see Golem – DE)
GERMANY – FACEBOOK ALLOWED TO BLOCK CSAM USERS: The Regional Court of Munich I has dismissed the lawsuit of a former prior Facebook user (42 O 4307/19), who sued for restoration of his user account and damages after Facebook had blocked his account without a prior hearing. The blocking occurred after the user shared several pictures via the Messenger service. These photos were recognised by the automatic system as “Child Exploitative Imagery”. (see press release of the Munich Regional Court I – DE)
GERMANY – FEDERAL GOVERNMENT INITIATES TALKS WITH TELEGRAM: The German Federal Minister of the Interior, Nancy Faeser, announced last week on Twitter that the federal government had established contact with Telegram’s top management, and that the first talks had been constructive. Previously, the minister had invoked heavy criticism and threats to shut down Telegram – which she later pulled back on (see Die Presse – DE, Heise – DE). In Germany, proceedings are currently underway for a fine of up to 55 million Euro. (see Heise – DE)
Relevant Publications, including from the EP Think Tank:
- Identification and assessment of existing and draft EU legislation in the digital field (Study)
- Study on Domain Name System (DNS) abuse (Study) and Appendix 1 technical report of the study
Outlook for the Coming Week
You can find a list of the upcoming dates of the European Parliament here. The provisional meeting calendar for 2022 can be found here (PDF).
In the IMCO Committee, the draft report on the common chargers will be discussed and feedback will be given on the DSA and DMA negotiations. In the AIDA Committee, the compromise amendments on the AI report will be under discussion.
An overview of the most important dates of the Council week can be found here, the meeting calendar can be accessed here, the list of the main topics for the coming 14 days is available here, while an indicative calendar of meetings of the French Presidency Council can be found here (PDF).
Included among these dates are:
Summit and Ministry Meetings:
- Informal Meeting of Agriculture Ministers, Monday, 7 and Tuesday, 8 February;
- Informal Meeting of Health Ministers, Wednesday, 9 and Thursday, 10 February;
Preparatory Bodies:
- Working Party on Competition (incl. DMA), Monday, 7 February and Thursday, 10 February;
- Working Party on Hybrid Threats, Monday, 7 February;
- Consumer Affairs and Information Working Party, Tuesday, 8 February;
- Horizontal Working Party on Cyber Issues (incl. NIS2), Tuesday, 8 February and Friday, 11 February;
- Working Party on Tax Questions (Direct Taxation) (incl. Global Minimum Tax), Tuesday, 8 February;
- Working Party on Competitiveness and Growth (Internal Market) (incl. DSA), Tuesday,8 February;
- Working Party on Cooperation in Criminal Matters (COPEN) (incl. Budapest Protocol, E-Evidence), Wednesday, 9 February and Friday, 11 February;
- Committee on Cultural Affairs, Thursday, 10 February;
- Working Party on Telecommunications and Information Society (incl. AI), Thursday, 10 February;
- Working Party on Competitiveness and Growth (Industry), Thursday, 10 February;
- Working Party on Tax Questions (Indirect Taxation), Friday, 11 February;
- COREPER I (incl. DMA), Wednesday, 9 February;
- COREPER II, Wednesday, 9 and Friday, 11 February;
Information about the weekly Commission meeting can be found in the preview (PDF) or (at short notice) in the current agenda. Topics of particular relevance include the Data Act (23 February), the legislative proposal against child abuse (now rescheduled for 30 March), and the Media Freedom Act (29 June).
The following topic is on the agenda for the coming week:
- European Chips Act
You can find the judicial calendar of the ECJ here.
European Parliament Committees
CW 6 / Monday, 7 to Thursday, 10 February: Political Group and Committee Meetings Week (Brussels);
LIBE Committee (EP)
Current Meetings
- Monday, 7 February 2022, 15.45-18.45 (Brussels)
Excerpt from the Draft Agenda
…
7 February 2022, 16.15 – 16.30
- Amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation
LIBE/9/04906
***I 2020/0349(COD) COM(2020)0796 – C9-0401/2020
| Rapporteur: | |||
| Javier Zarzalejos (PPE) | |||
| Responsible: | |||
| LIBE | |||
| Opinions: | |||
| BUDG | Niclas Herbst (PPE) | AD – PE689.865v03-00 AM – PE691.344v01-00 |
|
| CONT | Decision: no opinion | ||
- Reporting back to committee on the negotiations (Rule 74(3))
…
7 February 2022, 17.45 – 18.45
- French Presidency of the Council of the European Union, 2022
LIBE/9/08191
- Presentation by Gérald Darmanin, Minister of the Interior of the French Republic (remote participation)
…
Further Meetings (Calendar)
- Monday, 14 February 2022, 20.00-21.00 (Strasbourg)
- Wednesday, 16 March 2022, 9.00-12.00 and 13.45-15.45 (Brussels)
- Thursday, 17 March 2022, 9.00-12.00 and 13.45-15.45 (Brussels)
JURI Committee (EP)
Current Meetings
- Thursday, 10 February 2022, 9.00-12.00 and 16.45-18.45 (Brussels)
Excerpt from the Draft Agenda
…
10 February 2022, 10.00 – 10.45
- Exchange of views with Mairead McGuinness, Commissioner for Financial services, financial stability and Capital Markets Union
* * *
10 February 2022, 10.45 – 11.00
- The Commission’s 2021 Rule of Law report
JURI/9/07268
| Rapporteur for the opinion: | |||
| Franco Roberti (S&D) | PA – PE703.022v01-00 AM – PE704.560v01-00 |
||
| Responsible: | |||
| LIBE* | Terry Reintke (Verts/ALE) | PR – PE704.642v01-00 | |
- Consideration of amendments
- Deadline for tabling amendments:18 January 2022, 12.00
…
10 February 2022, 16.45 – 17.45
- Amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity
JURI/9/06239
***I 2021/0136(COD) COM(2021)0281 – C9-0200/2021
| Rapporteur for the opinion: | |||
| Pascal Arimont (PPE) | |||
| Responsible: | |||
| ITRE* | Romana Jerković (S&D) | ||
- Exchange of views
10 February 2022, 17.45 – 18.45
- Hearing on Legal tech as the future tool of e-Justice and Justice digitalisation – aspects from a European and national perspective
…
Further Meetings
- Monday, 28 February 2022, 13.45-15.45 (Brussels)
Dossiers Timetable (24 January 2022)
ITRE Committee (EP)
Current Meetings
- None
Further Meetings (Calendar)
- Thursday, 3 March 2022, 9.00-12.00 (Brussels)
Dossiers Timetable (1 February 2022)
IMCO Committee (EP)
Current Meetings
- Monday, 7 February 2022, 14.00-17.00 (Brussels)
Excerpt from the Draft Agenda
…
7 February 2022, 14.00 – 17.00
…
Report on ongoing institutional negotiations
- Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EG
IMCO/9/04992
***I 2020/0361(COD) COM(2020)0825– C9-0418/2020
| Rapporteur: | |||
| Christel Schaldemose (S&D) | |||
| Responsible: | |||
| IMCO* | |||
- Reporting back to committee on the negotiations (Rule 74(3))
- Contestable and fair markets in the digital sector (Digital Markets Act)
IMCO/9/04998
***I 2020/0374(COD) COM(2020)0842 – C9-0419/2020
| Rapporteur: | |||
| Andreas Schwab (PPE) | |||
| Responsible: | |||
| IMCO* | |||
- Reporting back to committee on the negotiations (Rule 74(3))
- Resilience of critical entities
IMCO/9/04990
***I 2020/0365(COD) COM(2020)0829 – C9-0421/2020
| Rapporteur for the opinion: | |||
| Alex Agius Saliba (S&D) | |||
| Responsible: | |||
| LIBE* | Michal Šimečka (Renew) | ||
* Reporting back to committee on interinstitutional negotiations
——
- Amending Directive 2014/53/EU on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment
IMCO/9/07216
***I 2021/0291(COD) COM(2021)0547– C9-0366/2021
| Rapporteur: | |||
| Alex Agius Saliba (S&D) | PR – PE702.975v01-00 | ||
| Responsible: | |||
| IMCO | |||
- Consideration of Draft Report
- Deadline for tabling amendments: 15 February2022, 12.00
- Competition policy – annual report 2021
IMCO/9/07276
| Rapporteur for the opinion: | |||||
| Andrea Caroppo (PPE) | PA – PE700.476v01-00 AM – PE703.043v01-00 |
||||
| Responsible: | |||||
| ECON | Andreas Schwab (PPE) | PR – PE700.652v01-00 AM – PE704.711v01-00 |
|||
- Consideration of amendments and compromise amendments
- Establishing the 2030 Policy Programme “Path to the Digital Decade”
IMCO/9/07311
***I 2021/0293(COD) COM(2021)0574 – C9-0359/2021
| Rapporteur for the opinion: | |||
| Ivars Ijabs (Renew) | PA – PE704.564v01-00 | ||
| Responsible: | |||
| ITRE | Martina Dlabajová (Renew) | ||
- Consideration of draft opinion
- Deadline for tabling amendments: 16 February2022, 12.00
With the Commission
- Standardisation strategy
* Presentation by the Commission (to be confirmed)
…
Further Meetings (Calendar)
- Monday, 28 February 2022, 13.45-16.15 and 16.45-18.45 (Brussels)
Dossiers Timetable (February 2022)
CULT Committee (EP)
Current Meetings
- Montag, 7. Februar 2022, 13.45-15.45 Uhr und 16.45-18.45 Uhr (Brüssel)
Excerpt from the Draft Agenda
7 February 2022, 13.45 – 15.45
…
- The role of culture, education, media and sport in the fight against racism
CULT/9/06040
| Rapporteur: | |||
| Salima Yenbou (Verts/ALE) | PR – PE700.403v01-00 AM – PE702.954v01-00 |
||
| Responsible: | |||
| CULT | |||
- Adoption of draft report
…
- Establishing the 2030 Policy Programme “Path to the Digital Decade”
CULT/9/07313
***I 2021/0293(COD) COM(2021)0574 – C9-0359/2021
| Rapporteur for the opinion: | |||
| Sabine Verheyen (PPE) | PA – PE703.286v01-00 | ||
| Responsible: | |||
| ITRE | Martina Dlabajová (Renew) | ||
- Consideration of draft opinion
- Implementation report on the Recovery and Resilience Facility
CULT/9/07921
| Rapporteur for the opinion: | |||
| Niklas Nienaß (Verts/ALE) | PA – PE703.247v01-00 | ||
| Responsible: | |||
| BUDG, ECON* | Eider Gardiazabal Rubial (S&D) Siegfried Mureşan (PPE) Dragoş Pîslaru (Renew) |
||
- Consideration of draft opinion
…
Further Meetings (Calendar)
- Monday, 14 and Tuesday, 15 March 2022 (Brussels)
AIDA Committee (EP) – Special Committee on Artificial Intelligence in a Digital Age
Current Meetings
- Thursday, 10 February 2022, 9.00-12.00 (Brussels)
Excerpt from the Draft Agenda
…
10 February 2022, 9.00 – 10.00
- Exchange of views with the French Presidency
AIDA/9/08266
10 February 2022, 10.00 – 10.45
- Study on ‘Identification and assessment of existing and draft EU legislation in the digital field’
AIDA/9/08258
- Presentation of the study
10 February 2022, 10.45 – 12.00
- Report on Artificial Intelligence in a Digital Age
AIDA/9/04886
| Rapporteur: | |||||
Axel Voss (PPE)
|
|||||
| Responsible: | AIDA | ||||
- Consideration of compromise amendments
- Deadline for tabling amendments: 16 December 2021, 12.00
…
Further Meetings (Calendar)
- Tuesday, 22 March 2022, 9.00-12.00 (Brussels)
INGE (EP) – Special Committee on Foreign Interference in all Democratic Processes in the European Union, including Disinformation
Current Meetings
- Monday, 7 February 2022, 16.45-18.45 (Brussels)
Excerpt from the Draft Agenda
…
- Hearing on Code of Practice 2.0: the way ahead to restore trust? with:– Krisztina Stump, Head of the Media Convergence and Social Media Unit (DG CONNECT), European Commission
– Luboš Kukliš, Chief Executive of the Slovak Media Authority and Chair of the European Platform of Regulatory Authorities (EPRA)
– Luca Nicotra, Campaign Director, AVAAZ
Further Meetings (Calendar)
- Open
Further Scheduled Parliamentary Calendar Dates
- CW 7 / Monday, 14 to Thursday, 17 February: Plenary Sessions Week (Strasbourg);
- CW 8 / Monday, 21 to Thursday, 24 February: Green Week (no meetings);
- CW 9 / Monday, 28 February to Thursday, 3 March: Policy Group and Committee Meetings Week (Brussels);
