Thursday, October 6, 2022

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EUCS more and more political, platform employee standing derogations –

Welcome to EURACTIV’s Tech Temporary, your weekly replace on all issues digital within the EU. You’ll be able to subscribe to the publication right here


“As a result of the truth that the dialogue has additionally reached a political dimension, we see a excessive widespread demand to debate the problem of transparency relating to the drafting course of in addition to the necessity and the type of implementation of such immunity or sovereignty necessities.”

-Letter from the German authorities addressed to the European Fee

Story of the week: Germany has written to the Fee requesting a political dialogue on the sovereignty necessities that the EU government seeks to incorporate in its cybersecurity cloud certification scheme (EUCS). In a letter to Roberto Viola, the director common of DG CNECT, the director generals of three German ministries name for a possibility to debate transparency of the drafting course of and the implementation of immunity or sovereignty necessities contained inside the Cybersecurity Act, which is meant to arrange an EU-wide certification scheme. The letter alerts a alternative of camp for Germany because the nation grew more and more conflicted throughout the summer time.

The requires political dialogue on the file, which up to now has been introduced as a purely technical initiative, have been vehemently pushed by a rising coalition of nations led by the Netherlands. Specifically, they ask for a debate within the Telecom Working Occasion, the place the main target can be on the financial and commerce implications of the sovereignty necessities. Nonetheless, the transfer is about to be opposed not solely by the opposite camp, led by France but in addition by the European Fee and the Czech Presidency, who’re properly conscious that issues would get even messier if that occurred. It stays to be seen if this spat will stay localised or if will probably be the beginning of Berlin drifting other than France’s concept of technological sovereignty. Learn extra.


Don’t miss: The Fee’s standards for the rebuttable presumption of employee standing have been retained within the Czech presidency’s first compromise textual content on the platform employee directive, albeit with some tweaking to make them extra restrictive. Nonetheless, Prague suggests some essential derogations to the precept, which might not apply to tax and legal proceedings or circumstances the place employment standing is just not the central query. Furthermore, it will be as much as the member states to resolve whether or not the authorized presumption would apply in social safety proceedings. By way of algorithm administration, the presidency added transparency necessities, strengthened the references to the GDPR and launched safeguards for the psychological and bodily well being of the employee. Learn extra.


Additionally this week:

  • The Czech Presidency pushes an extra layer for high-risk AI designation.
  • The European Information Safety Supervisor sued the EU co-legislators over the revamped Europol mandate.
  • The Fee mulls setting the world’s safety requirements for the Web of Issues with the Cyber Resilience Act.
  • The EU high courtroom’s authorized advisor issued an opinion that may pave the best way to breaking the silos between competitors investigations and knowledge safety breaches.
  • Disinformation across the Italian snap elections is principally fostered by home actors.
  • EURACTIV bought maintain of IMCO’s amendments on the political advertisements regulation.


Earlier than we begin: The Fee has lastly launched its long-awaited European Media Freedom Act, but it surely has stirred controversy in a number of instructions. Renate Schroeder, Director of the European Federation of Journalists, and Ilias Konteas, Government Director of EMMA-ENPA, be a part of this week’s podcast to debate its contents and implications.

The European Media Freedom Act

The Fee has lastly launched its long-awaited European Media Freedom Act, but it surely has stirred controversy in a variety of instructions. Renate Schroeder, Director of the European Federation of Journalists, and Ilias Konteas, Government Director of EMMA-ENPA, be a part of this week’s …


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Synthetic Intelligence

Excessive-risk layer. The Czech Presidency continues pushing for including an extra layer to the designation of high-risk AI programs in its newest partial compromise, seen by EURACTIV on Friday. The Czechs wish to keep away from that AI programs that play a ‘purely accent’ position within the closing resolution don’t fall beneath this class and will discover vital assist within the Council for his or her method. The textual content additionally proposes an exception to the 4 eyes precept in border management and stronger wording on the nationwide safety exemption. These matters are more likely to immediate sturdy reactions from the Parliament. The definition of AI and manipulative methods have been tweaked, whereas R&D has been extra strongly excluded from the scope of the regulation. The following compromise will contact upon the rest of the textual content, together with general-purpose AI. Learn extra.

Algorithms value lives. An inaccurate weather-forecasting algorithm left authorities and residents in Italy unprepared for floods that claimed the lives of at the least 11 folks and wrought vital harm this weekend. Individuals within the Marche area have been shocked after a violent storm forecast to hit neighbouring Tuscany landed on them as an alternative, bringing main flooding. Climate officers have attributed the shock to the inaccuracy of the forecasting system, which nonetheless appears insufficient to fulfill the rising problem of disastrous occasions attributable to local weather change. Learn extra.


Breaking the silos. Antitrust watchdogs could also be handed the facility to evaluate compliance with knowledge safety guidelines following an opinion issued by the European Courtroom of Justice’s advocate common. In response to a case regarding Meta and the German federal competitors authority, the non-binding opinion discovered that, whereas competitors authorities don’t have direct jurisdiction over GDPR enforcement, they might nonetheless contemplate them in exercising their powers. The opinion of the influential courtroom advisor is perhaps step one towards breaking the enforcement silos which have up to now prevented efficient enforcement within the digital economic system. Learn extra.

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UK’s antitrust push. The UK’s communications regulator, Ofcom, will examine the nation’s cloud companies market and the dominant place of “hyperscalers” Amazon, Microsoft and Google.  It’ll additionally inquire into different digital markets over the subsequent 12 months, together with messaging companies equivalent to WhatsApp, Fb and Zoom. Learn extra.


Setting the inner requirements. The Fee is pitching its new cybersecurity proposal to set the world’s bar for safety within the Web of Issues and provides European producers a aggressive edge. The Cyber Resilience Act was introduced final week, centred on a security-by-design precept that may see producers required to handle vulnerabilities of their digital merchandise all through their lifecycle to spice up client uptake. The Fee envisioned the laws as unfold by way of the “Brussels impact”, whereby firms adopting these guidelines inside the EU additionally accomplish that globally out of comfort, creating the next degree of cybersecurity worldwide. Because the legislative course of proceeds, count on intense lobbying on the gadgets beneath the record of vital merchandise. Learn extra.

Google’s white paper. Google made a number of suggestions to the Fee in response to its plan to centre cybersecurity in digital transformation. Amongst them, the tech big has referred to as on the EU government to develop a “safety impression evaluation” for brand spanking new regulation, prioritise sturdy encryption over knowledge location and interact trade and worldwide companions to share intelligence about and fight cybercrime.

We now have a winner. Denmark has been topped the winner of this 12 months’s European Cybersecurity Problem, an annual contest run by ENISA, the EU’s cybersecurity company. Held in Vienna, this 12 months’s problem noticed 33 groups from EU, EEA and different states compete to unravel safety challenges in areas equivalent to forensics, cell safety and crypto puzzles. Denmark was adopted by Germany and France in second and third place, respectively.

Information & Privateness

See you in courtroom. The European Information Safety Supervisor (EDPS) has filed a swimsuit in opposition to EU co-legislators over the recently-adopted expanded mandate for EU regulation enforcement company Europol. The EDPS’ grievance lies in the truth that the brand new mandate annulled the authority’s ruling that Europol ought to delete datasets over which it had no modern jurisdiction. Nonetheless, the adopted mandate meant that this resolution was de facto overruled, permitting the processing of this knowledge to proceed. For the EU privateness watchdog, this case would set a precedent if the co-legislators can void the work of unbiased authorities primarily based on their political will, which might put them beneath undue political strain. The EU Courtroom of Justice will now study the state of affairs. Learn extra. 

LIBE in Dublin. The European Parliament’s relationship with Eire’s Information Safety Commissioner is “not at all times straightforward”, representatives of the LIBE committee instructed the Irish Instances this week. Talking to the Irish parliament’s justice committee about GDPR enforcement on Thursday, lawmakers mentioned they have been “not very completely happy” with Eire’s Information Safety Fee (DPC), which has been accused of being a “bottleneck” for knowledge safety within the EU. MEPs referred to as for an investigation into why the DPC was not delivering outcomes on the identical charge as different authorities and mentioned they weren’t reassured by “how good” TikTok and Meta had been concerning the watchdog. In the meantime, the Irish authorities is afraid to take any motion, fearing it will threaten the authority’s independence. MEP Paul Tang instructed EURACTIV he discovered the assembly with Huge Tech firms equivalent to Meta and TikTok ‘disturbing’, as they have been in ‘denial’ that their knowledge processing practices are at odds with the EU privateness guidelines.

Unlawful means unlawful. On Tuesday, the European Courtroom of Justice expressed its long-awaited ruling on the German knowledge retention regulation, which has suspended site visitors knowledge storage for a number of years. As anticipated, the decision said that indiscriminate knowledge retention is incompatible with EU regulation, which is nothing new. Nonetheless, it must be repeated time and again because the European authorities appears to not like that reply. For the EU courtroom, focused retention is the reply, however it’s as much as the nationwide legislators to determine do it. The federal minister of justice, the liberal Marco Buschmann, mentioned following the ruling, they may current a proposal for fast freezes of information within the subsequent two weeks. Against this, the federal minister of inside, the social democrat Nancy Faeser, careworn she was not proud of the courtroom’s resolution and that knowledge retention is a vital instrument to battle crime. A number of liberals and greens publicly reminded the SPD that the coalition settlement mentioned knowledge storage should finish.

4 and counting. Denmark’s Information Safety Company has concluded a evaluation into Google Analytics, discovering that introducing supplementary measures along with current settings would require the instrument for use lawfully. Danish organisations utilizing the instrument should now assess whether or not their continued use would adjust to knowledge safety regulation. The ruling follows choices by the Austrian, Italian and French knowledge watchdogs this 12 months, which all discovered that utilizing Google Analytics within the context of their enquiries was illegal.

Digital Markets Act

Internet browsers competitors. New analysis by Mozilla has discovered that internet browsers are extremely essential to customers however that many individuals lack information on set up different browsers or change their default one, regardless of understanding how to take action in concept. And whereas folks have been proven to lift issues about privateness and safety, many equally did not take steps to handle them. The report additionally examines the position of on-line alternative structure in client behaviour, pointing to the dearth of alternative and decrease high quality of merchandise provided to customers when working programs are designed to undermine the availability of choices. The corporate that owns the online browser Firefox hopes the DMA will rebalance the market.

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The disinfluencer recreation. Home actors with a self-interested agenda are the principle vectors of disinformation in Italy’s upcoming parliamentary election, in keeping with analysis seen by EURACTIV. The majority of this content material, the research discovered, spreads by way of Telegram and Fb by the hands of “disinfluencers” and has been relied upon by some political events to draw voters. Reality-checkers wanting on the feasibility of political events’ proposals have additionally raised issues over the truth that 96% of these put ahead throughout the political spectrum lack monetary backing. Learn extra.

Gig economic system

Too shut for consolation. A stark cut up is rising inside EPP ranks as negotiations over the platform employees’ directive proceed. EPP members accuse the shadow Dennis Radtke of being too lenient with Social Democrat rapporteur Elisabetta Gualmini. Items of the centre-right have gotten more and more vocal on the important thing problem of employee standing. An inner e mail between Ratdke and EPP colleague Aldo Patriciello states that “we will probably be unable to assist a Directive in plenary alongside the strains of the present negotiations.” Disagreements stay over the wording of the factors, which liberal MEPs and trade representatives fear would result in a too broad automated reclassification of platform employees. Learn extra.

Commerce unions on a battle footing. Following the Czech compromise, the confederal secretary of the European Commerce Union Confederation warned that the platform employees directive should not develop into “an empty shell” in a letter despatched to the member states and seen by EURACTIV. The commerce unions again the Parliament rapporteur’s name for eradicating standards to find out whether or not a employee is taken into account an worker. Ludovic Voet additionally referred to as for motion to handle the place of undocumented employees within the context of the directive, arguing that if the regulation is simply too carefully tied to migration coverage, undocumented employees would possibly chorus from asking for the rights they’re entitled to beneath the directive and settle for precarious working circumstances, for concern of jeopardising their positions.

Hefty fines in Spain. Ship service Glovo has been fined €79 million by Spanish authorities for alleged violations of labour legal guidelines, it was introduced this week. The corporate is charged with failing to make social safety and different funds between 2018 and 2021 on account of not having employed its supply riders on formal contracts. The ruling comes after the Could 2021 passage of a Spanish regulation requiring meals supply riders to be given formal labour contracts, making them official staff. Some riders, nonetheless, say they nonetheless haven’t been provided such agreements, regardless of the regulation, one of many first of its form in Europe, having taken impact in August this 12 months. Glovo denies the fees and has mentioned it is going to attraction.

Legislation enforcement

CSAM first compromise. The Czech Presidency shared its first compromise textual content on the CSAM proposal, which has been shifting slowly within the EU Council. The primary proposal is empowering nationwide authorities to require on-line search engines like google and yahoo to delist web sites to stop the dissemination of kid pornography – a apply already extensively used voluntarily. Relating to the detection orders for grooming, the wording has been adjusted to use solely to conversations between a toddler and an grownup. The requirement for human intervention when a possible solicitation of youngsters is detected has been deleted. Relating to governance, the brand new wording has moved the facility to problem elimination and blocking orders from the coordinating authority to the nationwide competent authority, with the previous now relegated to an advisory position.

Too busy for you. This week, a delegation of MEPs from the Parliament’s Pegasus committee travelled to Poland as a part of their investigation into using spy ware inside the EU. On the agenda for the journey, which is certainly one of a collection of visits to varied nations implicated within the scandal, have been conferences with victims, members of the Polish authorities, judges and consultants. Notably absent from the schedule have been appointments with the Ministries of Justice and the Inside, each of which declined the lawmakers’ requests to fulfill, to the condemnation of Parliament political teams.

Please do one thing. A gaggle of MEPs from the Greens/EFE group have written to the Fee looking for extra data on the EU’s buy of Centaur and Hyperion surveillance expertise and their deployment by Greece. The 2 programs, the MEPs say, have been used with out enough knowledge safeguards, and the EU’s knowledge safety watchdogs have beneficial a ban on such behavioural recognition applied sciences as a result of they pose a danger to folks’s elementary rights. The lawmakers additionally ask how the Fee plans to research compliance in these areas, accusing the Greek authorities of being unwilling or unable to conduct an unbiased investigation, and the way the EU government will display screen the funding of comparable programs sooner or later.


Preventing with data. The annual M100 media award was given to the folks of Ukraine collectively final week in honour of the work of journalists overlaying the battle. Talking on the awards ceremony in Potsdam, German Chancellor Olaf Scholz praised the work of these overlaying the battle and warned of the results of misinformation. Accepting the award on behalf of the Ukrainian folks, former boxing champion and high-profile voice on the battle, Dr Wladimir Klitschko, equally applauded the work of the media, describing it as “one of the crucial highly effective weapons on this trendy world.” Learn extra.

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It was not meant to be. The findings of two French regulators on the merger of channels TF1 and M6 have been revealed this week, regardless of the deal having been deserted simply days earlier. In an opinion written earlier this 12 months and introduced this week, the media authority Arcom notes the historic nature of the deal in a altering market dominated by US tech giants but in addition notes that the acquisition would hand the brand new physique an distinctive place. The telecom regulator Arcep, nonetheless, is way more vital, concluding that the merger would have posed vital dangers to the web market, to the detriment of customers, and calling for remedying commitments from these concerned.

Media tasks. Fourteen winners have been chosen as a part of the Stars4Media Information challenge, kicking off a interval during which the profitable tasks can check their concepts for at the least 4 months. The competition acquired 48 applicant tasks, and the winners span 20 nations and is cut up between two focus tracks: newsroom and enterprise transformation. 5 profitable tasks are centred on Jap Europe, utilizing Ukrainian, Russian and Belarusian languages.


IMCO amendments on political advertisements. The creation of a regulatory community, assist for advert libraries and the extension of the knowledge retention interval are among the many options included in amendments provided by MEPs from the IMCO committee. Furthermore, left-to-centre MEPs are pushing to incorporate remuneration in form within the definition, which might additionally cowl influencers. Having influencers within the scope would possibly show problematic for the platforms, which concern they would want a human evaluation of all of the influencers’ content material, going in opposition to the ban on common monitoring obligations. As well as, lawmakers beneficial provisions overlaying minimal fines for regulation violations, the powers of nationwide regulators and advert repositories. Learn extra. 

Your views don’t matter. Mozilla has carried out what it says is the biggest experimental audit of YouTube by unbiased researchers, following a 2021 research of the platform’s recommender system, from which it was concluded that there was a spread of issues. Utilizing a instrument constructed particularly to check YouTube’s advice algorithm, Mozilla seemed on the effectiveness of the controls in place, discovering reality in folks’s impression that the platform’s consumer controls didn’t impression the content material they have been beneficial.


The race is on. The elections for the secretary-general of the Worldwide Telecommunication Union (ITU), the UN’s telecom company, will happen throughout the Plenipotentiary Convention kicking off in Bucharest on Sunday. The 2 candidates for the company’s highest publish are an American and a Russian, so count on feelings to run excessive. The Europeans have dedicated their assist to the US candidate Doreen Bogdan-Martin, acquiring assist for its candidate for the deputy publish, Tomas Lamanauskas. Nonetheless, the truth that an American and a European take the highest posts is perhaps tough to swallow for different areas, because the company normally tries to offer geographical illustration. For Western stakeholders, the election is a completed deal additionally as a result of the Russian candidate, Rashid Ismailov, is a tough promote. Nonetheless, US President Joe Biden felt the necessity to throw his weight in assist of Bogdan-Martin, suggesting the race would possibly nonetheless be open.

It’s not nearly that. ITU has develop into the central playground for authoritarian nations like China and Russia to push for rising state management of the web. These efforts put forth beneath a Chinese language secretary common have been pushed again because of a rising engagement of the West, which has led Beijing to take a much less high-profile method. Whereas the election of the secretary-general is catching a lot of the consideration, the plenipotentiary may also resolve on loads of procedural features that is perhaps much more essential: the working teams’ chairs, frequency of the conferences, whether or not the trade and civil society must be extra concerned (and given voting rights). Many resolutions are on the desk that may affect the best way the standardisation physique will work for the subsequent 4 years.


Extra 5G delays. European telecom operators will possible drive a delay within the rollout of 5G on account of spiking vitality payments, the top of Vodafone’s Italian operations has mentioned. Talking final week, Aldo Bisio mentioned he couldn’t see another answer to the vitality disaster however to postpone investments, a transfer that might widen the present hole between Europe and the US and Asia relating to the deployment of the expertise.

Every time we’ll get there. The potential of 5G-Superior in bettering world mobility, minimising vitality consumption and enabling new B2B enterprise fashions have been among the many matters lined by a GSMA whitepaper launched this week. 5G-Superior, a bandwidth set to attach the hole between 5G and 6G, may also assist assist low-cost, low-power gadgets, time-sensitive networks and exact network-based positioning primarily based on world satellite tv for pc programs, in keeping with the doc.


What else we’re studying this week:

Fb report concludes firm censorship violated Palestinian human rights (The Intercept)

Inside Russia’s Huge Surveillance State: ‘They Are Watching’ (The New York Instances)


Laura Kabelka and Theo Bourgery-Gonse contributed to the reporting.

[Edited by Alice Taylor]

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