DATA ACT

The European Commission adopted the Proposal for the Data Act. The Data Act clarifies who can access and share data and on what terms. It provides legal certainty, and it aims at removing barriers to data sharing. The proposal includes:

• Measures to allow users of connected devices to gain access to data generated by them, which is often exclusively harvested by manufacturers; and to share such data with third parties to provide aftermarket or other data-driven innovative services.
• Measures to rebalance negotiation power for SMEs by preventing abuse of contractual imbalances in data sharing contracts.
• Means for public sector bodies to access and use data held by the private sector that is necessary in exceptional circumstances, particularly in case of a public emergency, such as floods and wildfires, or to implement a legal mandate if data are not otherwise available.

Moreover, the proposal includes new rules allowing customers to effectively switch between different cloud data-processing services providers and putting in place safeguards against unlawful data transfer.

The press release can found here.

CZECH REGULATION ON MOBILE ACCESS MARKET

Commission's veto decision on the case

On 21 February the European Commission issued a decision requiring the Czech regulator, CTU, to withdraw its draft decision proposing measures to impose wholesale access by third parties to mobile networks in Czechia.

CTU proposed to designate the three largest mobile operators (i.e. O2, T-Mobile and Vodafone) as jointly having significant market power (“SMP”), and consequently proposed to oblige these three operators to provide national roaming to all operators. However, the Commission considers that in Czechia, the criteria for joint dominance are not met and the structure of the Czech market does not support CTU’s conclusions on collective significant market power.

The press release can be found here.

CTU's response

CTU immediately issues a response stating that it does not agree with the conclusions of the European Commission and is considering further steps that would help to make cheaper mobile services for consumers.

The press release can be found here.

EU FUNDING FOR BROADBAND 2021-2027

On 24 February the European Commission published an overview of the financial tools made available by the Commission to boost broadband investment in the European Union for the period 2021-2027.

The funding sources are the following: Recovery and Resilience Facility, European Regional Development Fund, European Agricultural Fund for Rural Development, Just Transition Fund, Connecting Europe Facility - Digital, Connecting Europe Broadband Fund, InvestEU.

The brochure can be downloaded from here.

DIGITAL EUROPE PROGRAMME

On 22 February the European Commission opened the second set of calls for proposals of the Digital Europe Programme. The investment of over €249 million will be in areas such as data spaces, European blockchain infrastructure, training courses for advanced digital skills, digital solutions for better government services, etc.

The calls are open to businesses, organisations, and public administrations from the EU Member States, EFTA/EEA countries, as well as entities from other countries associated to the Programme.

The calls can be found here.
More information can be found here.

Deadline for the calls: 17 May 2022.

EUROPEAN DIGITAL IDENTITY

On 24 February the European Commission launched an online platform to gather feedback from interested parties to shape future European Digital Identity Wallets. Currently, the Member States are working on a toolbox that would address the technical aspects of the future system, in full respect of the legislative discussions in the Parliament and the Council, which are taking place in parallel, and in alignment with their outcome.

The press release can be found here.

Next steps: The common toolbox is expected in September 2022.

EUROPE'S STRATEGIC DEPENDENCIES 

The European Commission published a report on five areas – rare earths and magnesium, chemicals, solar panels, cybersecurity and IT software - where Europe faces strategic dependencies on third countries.

The press release can be found here.
The factsheet of the report can be found here.

NEW RULES FOR COMPANIES TO RESPECT HUMAN RIGHTS AND ENVIRONMENT

On 23 February the European Commission has adopted a proposal for a Directive on corporate sustainability due diligence. The proposal aims to foster sustainable and responsible corporate behaviour throughout global value chains.

The press release can be found here.

Next steps: The proposal will be presented to the European Parliament and the Council for approval.