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Your Company and the EU‘s “Digital Strategy”

In February 2020 the European Commission published their “digital strategy” which would mark a “digital decade” and as part of which, a bundle of measures, especially regulations, would follow. The strategy is based on “three pillars”, one of which describes the fair and digital economy.

The following summary creates an overview of these measures, keeping in mind your business interests:

Just the essentials. Straightforward. No detours or digressions. Here:

"Was da ist"

EU Data Act

Entered into force on the 11.02.2024

Regulatory Content

allocation of a right to data as an intellectual property right (“Ownership of Data”)
access/usage of Data generated in the EU
data access and sharing resulting from the use of connected devices (IoT) by customers or third parties
protecting SMEs from unfair contract terms
seamless and free switching between different cloud services (multi-cloud)
inoperability standard

Affects:

All legal entities, which offer or use IoT devices or cloud services
“reassessing monetization opportunities”
Data usage agreements will need to be concluded

EU Chips Act

Entered into force on the 21.09.2021

Regulatory Content:

strengthening the “semiconductor ecosystem” in the Eu, ensuring supply chain security, and reducing external dependence
package of measures to double market share to 20%
investment program: mobilizing 43 billion euros

Affects:

directly affects any company integrating chips
Indirectly affects every company whose software service requires such hardware

Digital Services Act (DSA)

Entered into force on the 16.11.2022

Regulatory Content:

reducing the risk of disinformation (see also Strengthened Code of Practice on Disinformation)
protection against illegal content / of business property rights against unfair competition
transparency regarding classification, ratings, purchasing behavior and communications on platforms
duty to monitor marketplaces: “know your customer”

Affects:

online intermediaries and platforms
online marketplaces, social networks, content-sharing platforms
market and legal positions of SMEs and startups that sell through platforms

Digital Markets Act (DMA)

Entered into force on the 01.11.2022

Regulatory Content:

competition law restrictions on dominant market positions
conduct requirements regarding access, preselection, and ranking

Affects:

anyone developing data driven (product-) innovations
anyone, who requires a large amount of accessible data: software test, AI-training

Data governance Act (DGA)

Entered into Force on 23.06.2022

Regulatory Content:

created cross-sector and cross-border open data space “making data available”
regulating data intermediaries to build trust in the exchange of data

Affects:

anyone developing data driven (product-) innovations
anyone who requires a large amount of accessible data: software test, AI-training

EU AI Act

Entered into force 01.08.2024

Regulatory Content:

ranking of AI-systems by risk factor
unacceptable, high (human resource management tools), limited (chatbots), and minimal risk
oversight by a notified body

Affects:

AI developers and users
establishing, documentation and maintenance of risk management systems
Transparency requirements

Cyber Resilience Act

Entered into force on the 10.12.2024

Regulatory Content:

protection of businesses (and others) from products with inadequate security features
mandatory cybersecurity requirements
manufacturer responsibility throughout the entire product lifecycle
market surveillance

Affects:

anyone putting cybersecurity products (software or hardware) on the market
anyone using such products

“As an aside”

There is noteworthy news regarding GDPR, whereby an adequacy decision relating to the EU-U.S. Data Privacy Framework pursuant to Artikel 45 of the GDPR, which came into force on the 10.07.2023. This decision certifies that the level of protection provided by certified companies is adequate and can therefor serve as the basis for data transfer to the U.S.

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