European Commission Strategy on the Digital Single Market
Strategy Overview
Ignasi Guardans
© Copyright 2015 by K&L Gates LLP. All rights reserved.
THREE PILLARS
1. Better online access for consumers and
businesses across Europe
2. Creating the right conditions and a level
playing field for advanced digital networks and
innovative services
3. Maximizing the growth potential of the digital
economy
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Better online access for consumers and
businesses across Europe
e-Commerce
Cross-border parcel
delivery
Geo-blocking
Copyright/IP rights
VAT
Cross-border e-commerce rules that consumers and
business can trust
Affordable high-quality cross-border parcel delivery
Preventing unjustified geo-blocking
Better access to digital content – A modern, more
European copyright/IP rights framework
Reducing VAT related burdens and obstacles when
selling across borders
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Right conditions and a level playing field for
advanced digital networks and innovative
services
Telecom
Making the telecom rules fit for purpose
Media
A media framework for the 21st century
Regulatory
environment
Digital services
and data
A fit for purpose regulatory environment for platforms
and intermediaries: (i) Role of online platforms; (ii)
Combatting illegal content on the Internet
Reinforcing trust and security in digital services and
in the handling of personal data
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Maximising the growth potential of the digital
economy
Data Economy
Interoperability and
standardisation
E-Society
Building a Data Economy
Boosting competitiveness through interoperability
and standardisation
An inclusive e-society
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Delivering the Digital Single Market
Investment
Investing in the DSM
International
dimension
International dimension of the DSM
Governance
Effective Digital Single Market Governance
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European Commission Strategy on the Digital Single Market
E-Commerce Reforms
Etienne Drouard
© Copyright 2015 by K&L Gates LLP. All rights reserved.
Key Points – E-Commerce
E-commerce
Harmonization of EU rules for online purchases of digital content.
Online distribution of tangible goods: the trader’s law, with
harmonization of core contractual obligations
Geo-blocking
Preventing “unjustified” geo-blocking resulting in discrimination
based on residence
Privacy
Data Economy
Reviewing the ‘ePrivacy’ Directive 2002/58 and developing
partnerships on cybersecurity
‘Free flow of data’ initiative, open data, ‘European cloud’ initiative
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Enabling cross-border [e-]commerce to flourish
Public consultation before the end of 2015 on:
 The “e-Commerce” Directive 2000/31 on the:
 Harmonization of EU rules for online purchase of
digital content
 Deep impact on the EU copyright framework
 Application of the trader’s national law for online
purchase of tangible products
 The “Rome I” Regulation 2008/593 on the:
 Harmonization of the core obligations of the parties to
a sales contract, such as:
 remedies for non-performance or,
 minimum period for the right to a legal guarantee.
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Preventing “unjustified geo-blocking”
What does it mean for now?
 Unilateral commercial decisions resulting in
discrimination against the consumer based on
geographic location
What did it mean until now?
 E-Merchants may implement pan-European services,
 E-Merchants must implement pan-European services.
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Preventing “unjustified geo-blocking”
Action plan:
 Commissioner Vestager announced (May 6, 2015)
competition inquiry in the e-commerce sector
 Amending the “e-Commerce” Directive 2000/31 and the
“Services” Directive 2006/123
 (Article 20) “[…] without precluding the possibility of
providing for differences in the conditions of access
where those differences are directly justified by objective
criteria”
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Data Protection
Once the EU Privacy Regulation is adopted (in 2015)…
Reviewing the ePrivacy Directive 2002/58 to:
 broaden its scope to any digital service provider (not
only telcos)
 adapt it to the upcoming Privacy Regulation, on:
 geolocation, mobile services,
 behavior-based services and online advertising
Organize a Public-Private Partnership on cybersecurity:
 Will the winners be… European businesses?
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Data Economy: the ‘Free flow of data’ initiative
Tackling restrictions, except for personal data, on:
 The free movement of data,
 The location of data for storage or processing purposes.
Addressing “emerging issues”, such as:
 Ownership, interoperability, usability and access to data
 In BtoB and BtoC,
 Machine generated data and Machine-to-machine data.
Launching a European Cloud initiative:
 Cloud services certification, contracts,
 Switching cloud services providers.
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European Commission Strategy on the Digital Single Market
E-Government Reforms
Dr. Annette Mutschler-Siebert, M.Jur.
© Copyright 2015 by K&L Gates LLP. All rights reserved.
Key Points – e-Government
e-Government = use of digital tools and systems to provide better (cross-border) public
services to citizens and businesses
CITIZENS
e-Democracy
•
•
•
•
BUSINESSES
e-Administration
Participation
Inclusive e-society
e-Justice
e-Health
•
•
•
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e-Procurement
Mobility in the Single Market
“seamless” services / offers
Government efficiency and effectiveness
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EU Commission’s Goal:
“[...] any established company should be
able to expand its operations cross-border
online and be pan-European within a
month.”
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Key Points – DSM strategy re e-Government
Interoperability / Standardization
•
•
Integrated Priority ICT Standards Plan (2015)
Update and extension of European Interoperability
Framework for public services (2015)
Pan-European Information system: access to
standardization documents + wide participation
•
Reduction of regulatory barriers
•
•
S-UP-proposal (single-member subsidiaries)
Interconnection of business registers by 2017
‘Once-only’ principle
•
•
•
Once only registration of data (Pilot in 2016)
Single point of contact to businesses
Digital by default approach
Single Digital Gateway
•
Common platform for information and services
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e-Procurement
• Cross-border and
interoperable
e-Procurement infrastructure
• European Catalogue on ICTstandards for public procurers
• Strategy complemented by
Directive (EU) 2014/24
• Transition to full electronic
procurement by 2018
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Thank you