EU Policy Update – April 2023
In a nutshell: The European institutions have concluded their trilogue negotiations on the GI protection of crafts and industrial products, while the Swedish Council presidency has put forward amendments to the sister proposal on the GI protection for agricultural products. The European Commission published a proposal for a regulation on standard essential patents, and released its recommendation on combatting online piracy. Commissioner Reynders outlined upcoming plans for the revision of the Consumer Protection Cooperation Regulation. Commissioner Breton introduced the European Cyber Shield. The Commission proposed a new Cyber Solidarity Act and a targeted amendment to the Cyber Security Act. In data protection, the EDPS has submitted input on the Commission’s GDPR review, and the EDPB adopted guidelines on data subjects’ right to access. The draft Insolvency Directive attracted submissions from the European Economic and Social Committee and the Parliament of the Czech Republic. The European Parliament’s LIBE Committee has published its draft report on proposed legislation to combat child sexual abuse online.
EU Policy Update – March 2023
In a nutshell: The European Council adopted its conclusions, committing to strengthening work on digital solutions, such as eIDs. The EU institutions started trilogue negotiations on the GI protection for crafts/industrial products proposal. The Swedish presidency published its suggested amendments to the proposal for a regulation on GI protection for agricultural products, while the European Committee of the Regions issued its Opinion. The European Commission shared the Consumer Scoreboard. The EDPB circulated guidelines on certification as a tool for transfers and initiated a coordinated enforcement action. The European Parliament assigned the leadership of negotiations on the Cyber Resilience Act to ITRE. ENISA published a report on AI cybersecurity.
EU Policy Update – February 2023
In a nutshell: The European Parliamentary committees have finalised their work on the GI protection of crafts/industrial products proposal and the EUID regulation, and expressed criticism over the EU-US Data Privacy Framework. The European Commission published the European Digital Identity Wallet Architecture and Reference Framework, and a proposal for Gigabit Infrastructure Act, while seeking public views for the upcoming GDPR enforcement review and the future of the connectivity sector. The EU is also revising its insolvency law and has included domain registries in its scope. The Swedish presidency proposed a list of critical products under the CRA. The EDPS is piloting the use of Free and Open Source Software. ENISA published its multiannual single-programming report for 2023-2025. The Leipzig Regional Court ruled in favour of Sony against Quad9.
EU Policy Update – January 2023
In a nutshell: EU ambassadors and LIBE endorsed a political agreement on e-Evidence. Europol and Eurojust published a situation report on access to electronic evidence by law enforcement and judicial authorities in 2022. IMCO adopted its opinion on the proposal for a regulation on GI protection for craft and industrial products, while JURI adopted its opinion on the proposal for a regulation on GI protection for agricultural products. MEPs in AGRI expressed concerns over EUIPO’s increased competence within the GI reform. The EDPB adopted reports on cookie banners and the use of cloud services by the public sector. A 2022 consumer protection “sweep” identified an increase of dark patterns within web shops.
EU Policy Update – Outlook to 2023
In a nutshell: Sweden is holding the Presidency of the Council of the EU in the first half of the year. The geographical indications reform is moving through the clogs of the EU legislative machine, with the Council being slightly more ahead with the discussions on the crafts and industrial products. The NIS 2 Directive entered into force, paving the way towards its upcoming implementation phase in the Member States. Member States are divided over the provisional agreement on the e-Evidence package, while the European Parliament endorsed the ratification of the Second Additional Protocol to the Budapest Convention. The European Commission is expected to reform the Consumer Protection Cooperation Regulation.
EU Policy Update – November 2022
In a nutshell: November was a fruitful month for negotiations in the EU bubble, with both the Council of the EU and the European Parliament adopting the NIS 2 Directive, and the European Parliament adopting the CER Directive. Co-legislators also reached a political agreement on the e-Evidence proposal. The Council adopted its General Approach on the EUID proposal, whilst the IMCO Committee issued its Opinion on the file. As for geographical indications, the AGRI Committee issued its Draft Report on the proposal for agricultural products and received numerous amendments, which was also the case for IMCO and JURI regarding amendments on the craft and industrial products proposal. The EDPS released its Opinion on the Cyber Resilience Act.
EU Policy Update – October 2022
In a nutshell: The European Commission revealed its Work Programme for 2023 and issued its proposal for a Council Recommendation on a coordinated approach to strengthen the resilience of critical infrastructure, whilst the Council released its conclusions on ICT supply chain security. The Digital Services Act was published in the Official Journal of the EU. Parliamentary committees released documents on the reform of the geographical indications’ framework in the EU for craft and industrial products. Commissioner Johansson confirmed that blocking orders under the CSAM Regulation would not apply to DNS4EU. The European Court of Justice’s Advocate General stated that national authorities should be able to access data linked to IP addresses where no other means to identify holders of addresses suspected of copyright infringement is available.
EU Policy Update – September 2022
In a nutshell: The President of the European Commission issued her State of the Union Letter of Intent for 2022, whilst the Czech Presidency outlined its priorities to committees of the European Parliament. The European Commission released its proposal for a Cyber Resilience Act and for an Artificial Intelligence Liability Act. The CJEU reaffirmed the prohibition of the general and indiscriminate retention of electronic communications data. IMCO released its opinion on the EUID proposal and the European Parliament issued a Study on Updating the European digital identity framework. The AGRI Committee published a Working Document on the proposal for the reform of geographical indications for wine, spirits drinks and agricultural products. The British National Cyber Security Centre issued guidance on the taking down of malicious content to protect brands.
EU Policy Update – Summer 2022
In a nutshell: The Council of the EU and the European Parliament reached a provisional agreement on the ‘Path to the Digital Decade’ 2030 policy programme. The Council of the EU released its Conclusions on EU Digital Diplomacy. The European Parliament issued a Study on internet fragmentation and on Europe’s PegasusGate. The Council of the EU issued its compromise text on the EUID proposal, while ITRE’s Draft Report received numerous amendments. Further information was provided on the political agreement on the CER Directive.
EU Policy Update - June 2022
In a nutshell: the Czech Republic unveiled its Presidency Programme. Progress was made on many important legislative files for internet infrastructure actors: the European Parliament adopted the Digital Services Act, the Council of the EU published its political agreement on NIS 2, and political agreements were reached on the CER Directive and on core elements of the e-Evidence package. As for the EUID Regulation, ITRE issued its draft report, and Members of the European Parliament suggested amendments to the proposal within several Parliamentary committees.