Hello! The second von der Leyen Commission seems to be performing a u-turn compared to its first iteration. The past legislative term was all about grand, overarching regulation in digital and climate policies. This time around it might all be about fewer new rules and simplifying the existing ones.
Dimi & Michele === Say Goodbye: AI Liability Directive & E-Privacy Directive === The European Commission published its annual work plan <https://commission.europa.eu/document/download/7617998c-86e6-4a74-b33c-249e8a7938cd_en?filename=COM_2025_45_1_annexes_EN.pdf>. As the main narrative of the EU is currently “simplification” of the many, many layers of rules, the first and easy step was to shoot down two legislative files that were dead in the water anyway. The AI Liability Directive <https://iapp.org/news/a/european-commission-withdraws-ai-liability-directive-from-consideration> and e-Privacy Regulation <https://digital-strategy.ec.europa.eu/en/policies/eprivacy-regulation> proposals were withdrawn. While no one expected the former to even have a chance, the decision to axe the latter faced criticism from Axel Voss, a leading centre-right lawmaker, who warned it would lead to legal uncertainty and imbalances in corporate power. — The AI liability framework, especially, had been viewed as a key element in addressing AI-related harm and corporate accountability, but would have complicated the rulebook, already packed with the AI Act and the various liability directives. E-Privacy was meant to lay down specific rules on tracking and monitoring online. — Why it matters for Wikimedia: The withdrawal has no direct effect on Wikimedia, but it will likely spare the legal and advocacy teams some resources in the coming years. On the flip side, the E-Evidence proposal would have simplified the use of cookies for first party audience measurement and security (e.g. A/B testing, temporary accounts). It is now important to figure out if this proposal will be replaced by another instrument <https://www.statewatch.org/news/2024/june/policing-by-design-the-latest-eu-surveillance-plan/>, of course. === Hold Your Breath: Simplification Packages === The European Commission is working on three regulatory simplification packages <https://commission.europa.eu/document/download/8556fc33-48a3-4a96-94e8-8ecacef1ea18_en?filename=250201_Simplification_Communication_en.pdf>. These aim to reduce administrative burdens, including minimizing reporting requirements for companies with fewer than 500 employees. There's also an ongoing idea to tackle "gold plating" of EU laws — the practice of national legislators spalling on additional obligations on top of EU rules. — The first simplification package (Omnibus I & Omnibus II) was published <https://ec.europa.eu/commission/presscorner/detail/en/ip_25_614> this week. It focuses on sustainability reporting and carbon border rules. — A further package with a focus on the digital sphere is in the works. It will center on cybersecurity rules, but much of its content is yet to be decided. — Why it matters for Wikimedia: On one hand these changes might lower the compliance burden for Wikimedia organisations (e.g. fewer expenses on advocacy, legal, tech development and external consultants). At the same time they might undermine some rights protection and enforcement mechanisms. Details and nuances will matter. === Geo-blocking === The European Commission launched a call for evidence <https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14416-Geo-blocking-Regulation-evaluation_en> to gather stakeholders’ input in view of the evaluation of the Geo-blocking Regulation. This piece of legislation has been adopted in 2018 and aims at outlawing the practice of unjustified geo-blocking that discriminates against customers on the basis of their nationality, place of residence or establishment. Despite this goal, audiovisual services and copyright-protected content are excluded from the scope of the regulation. — WMEU is going to share its point of view with the Commission in order to achieve a true digital single market, by overcoming the current artificial partition of the internal market along national borders, also for audiovisual and copyrighted content. — Why it matters for Wikimedia: Wikimedia projects thrive on cross-border access, and changes to Geo-blocking could either expand or restrict users' ability to access content freely across borders. One example would be to access cited sources across borders (e.g. a documentary aired by a country’s public broadcaster). === Child Protection === Child protection and age-verification are a hot topic, as regular readers of this report will know. There have a been a few developments in the sphere this month: 1. A tender <https://digital-strategy.ec.europa.eu/en/funding/call-tenders-development-consultancy-and-support-age-verification-solution> for developing age-verification solutions was won by Scytáles AB and Deutsche Telekom’s T-Systems International GmbH, the developers of the Corona Warn App in Germany. 2. The European Data Protection Board has issued a statement on age-assurance <https://www.edpb.europa.eu/our-work-tools/our-documents/other-guidance/statement-12025-age-assurance_en> laying out recommendations and principles. 3. The European Parliament’s Intergroup on Children’s Rights <https://www.europarl.europa.eu/meps/en/intergroup/details/7886/Intergroup%20on%20Children%E2%80%99s%20Rights> has been constituted. Intergroups are unofficial groupings of MEPs who are interested in a particular topic that does not necessarily fall within the scope of standing committees. — Why it matters for Wikimedia: Regulations on age-verification could affect how Wikimedia projects are accessed. At the same time, child protection measures are a broad array of rules and actions, and Wikimedia organisations and communities are engaged in many ways. === Disinformation === The European Democracy Shield is a non-legislative initiative that seeks to enhance digital and media literacy, establish a European network of fact-checkers in all EU languages, and strengthen digital enforcement through legislation like the Digital Services Act and AI Act. A special committee <https://www.europarl.europa.eu/doceo/document/B-10-2024-0216_EN.html> with that name was constituted on 3 February 2025, chaired by Nathalie Loiseau (RE, France), to oversee the initiative. — Why it matters for Wikimedia: We do care about reliable information and literacy. However it is currently hard to see how this initiative would have any real-life effects. ===END=== -- Wikimedia Europe ivzw
_______________________________________________ Publicpolicy mailing list -- [email protected] To unsubscribe send an email to [email protected]
