Salut la liste !

New year, old files. And a birthday party is coming up! Wikipedia is
turning 25 this year and we are celebrating in Brussels on 18 March from
18:00 onwards. Please feel invited
<https://wikimedia.brussels/wikipedia-25-party-invitation/> if you are in
town!

=== Omnibuses ===

Last report we told you about the two digital omnibuses - a general one
<https://digital-strategy.ec.europa.eu/en/library/digital-omnibus-ai-regulation-proposal>
and an AI one
<https://digital-strategy.ec.europa.eu/en/library/digital-omnibus-regulation-proposal>.
The "general omnibus reshuffles parts of the GDPR and the rules on re-use
of open government data. For us
<https://wikimedia.brussels/editorial-wmeu-on-the-digital-omnibus-the-russmedia-decision/>,
these are the two sticking points. Communia
<https://communia-association.org/2025/12/05/the-digital-omnibus-and-open-data-risks-for-open-projects/>,
of which WMEU is a member, is focusing on the open data aspects. EDRi, of
which WMDE is a member, will concentrate on the data protection articles.
The research libraries have a multilayered position
<https://www.techpolicy.press/what-the-eus-digital-omnibus-means-for-researchers/>
.

—

The European Parliament kicked off its work this week. We are expecting a
quick paced process. Amendments planned to be discussed in February and
votes in committees and plenary for March. The timeline may and probably
will slip. The work on the general omnibus will be led by
<https://oeil.europarl.europa.eu/oeil/en/procedure-file?reference=2025/0360(COD)>the
Industry (ITRE) and Civil Liberties (LIBE) committees. The rapporteur in
the latter is Marina Kaljurand (S&D EE). The AI omnibus
<https://oeil.europarl.europa.eu/oeil/en/procedure-file?reference=2025/0359(COD)>
will be steered by the Internal Market (IMCO) and Civil Liberties (LIBE)
committees, with rapporteurs Arba Kokalari (EPP SE) and Michael McNamara
(RE IE).

—

McNamara has said that he has “considerable concerns” about the lack of
impact assessments. Kaljurand stated that she supports the Commission’s
objectives to reduce unnecessary bureaucracy, but also that some of the
proposed changes would complicate the legislation instead.

---

Meanwhile in the Council, EU countries are already debating
<https://drive.google.com/file/d/1-ojlKWUalaYuOGBpG6fU0u_GzXrGeqfP/view?usp=sharing>
their positions.They even have first compromise ideas floated by the
Cypriot Presidency. The ambitious goal here is also to reach a negotiating
position by the end of March.

=== DNA ===

The Digital Networks Act
<https://digital-strategy.ec.europa.eu/en/policies/digital-networks-act>is
a new regulatory framework proposed by the European Commission this month
with the aim to boost investment in networks across the EU

—

The Act revisits how licenses and permissions are issued, seeking to shift
more power to the EU from Member States and speed up processes. It also
wants to bring tech companies that rely on telecoms to carry large amounts
of content to the negotiating table. It is this part of the proposal that
raised some eyebrows among net neutrality watchers. We will keep a close
eye on them. We will also look out for amendment proposals that include
language on data retention.

=== Report on Copyright and Generative AI===

The European Parliament’s Legal Affairs committee has passed an non-binding
own-initiative report on Copyright and Generative AI
<https://www.europarl.europa.eu/news/en/press-room/20260126IPR32636/protect-copyrighted-work-used-by-generative-ai-say-legal-affairs-meps>,
led by rapporteur Axel Voss (EPP DE). It is a bit of a potpourri, asking
for rightsholders to be given a practical tool to efficiently opt-out from
AI training and for fairer remuneration, potentially through additional
layers of rights. On the plus side, it recognises that AI training is
covered by the TDM exceptions. Communia has a great write-up
<https://communia-association.org/2026/01/28/ini-on-copyright-and-generative-ai-after-the-vote/>.
The plenary vote is expected in March.


=== Consultation on Open Digital Ecosystem ===

The EU Commission recently published a call for evidence
<https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/16213-European-Open-Digital-Ecosystems_en>
asking for feedback on the European Open Digital Ecosystem Strategy. We
worked together with the Wikimedia Foundation to submit our point of view,
which highlights how Wikimedia projects are based on open source
technologies and contribute to the digital public infrastructure ecosystem.
You will find our submission on the portal
<https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/16213-European-Open-Digital-Ecosystems/feedback_en?p_id=21875>
in a few days.

=== Geoblocking Consultation ===

Last December, we submitted our position
<https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14416-Geo-blocking-Regulation-evaluation/F3526649_en>
on the evaluation of the Geo-Blocking Regulation, whose aim is to address
unjustified geo-blocking and other forms of discrimination based on a
customer’s nationality, place of residence or place of establishment.

—

We focused on audiovisual services and copyrighted works and their
accessibility across borders. Geoblocking makes it harder or impossible to
check and cite numerous reliable sources.

—

The Commission will adopt an evaluation report in the second quarter of
2026, highlighting whether the Regulation has met its objectives or not and
whether changes are needed.


=== ERA Consultation ===

The European Commission has gone through a public consultation on the European
Research Area Act
<https://research-and-innovation.ec.europa.eu/news/all-research-and-innovation-news/have-your-say-european-research-area-era-act-2025-10-14_en>.
We expect a legislative proposal later this year. The stated aim is to make
research and science more accessible.

—

Wikimedia Europe participated by voicing support for the idea of Secondary
Publication Right
<https://wikimedia.brussels/why-wikimedia-supports-secondary-publication-rights-for-publicly-funded-research/>for
publicly funded research. The feedback outcome
<https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14608-European-Research-Area-Act/public-consultation_en>
will eventually be published on the portal.

=== DEM Debate Project ===

The DEM-Debate project is coming to an end. Recently, we published the last
deliverable, the critical legal analysis
<https://wikimedia.brussels/dem-debate-project-the-critical-legal-analysis/>,
which has been authored by the University of Amsterdam and critically
evaluates how the new EU legal framework on election disinformation applies
to Wikipedia.

—

On 24 February, we will hold the final event of the project at the European
Parliament “Information Integrity & Wikipedia: How community-governed
platforms can inform future policy-making”: researchers will have the
chance to showcase the research and expose their conclusions taking the
form of policy options. Do you want to join? Please register
<https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14608-European-Research-Area-Act/public-consultation_en>,
both for online and in person participation.

=== New French Law on the protection of minors using social media ===

The French Parliament is busy with the adoption of a bill regarding the
protection of minors from the risks they are exposed to by using social
media
<https://www.assemblee-nationale.fr/dyn/17/dossiers/proteger_mineurs_reseaux_sociaux_17e#SN1>.
On 26 January, the National Assembly adopted, following the accelerated
procedure, an amended text of the bill, which aims at introducing a ban to
use online social media networks for minors of fifteen years old.

—

The bill, as it currently stands, provides for an exception for online
encyclopaedias, educational and scientific repositories as well as
platforms for the development and sharing of open and free software.
Wikimédia France and Wikimedia Europe are working on this.

=== Swiss DSA ===

The Swiss government has proposed a DSA clone that is now being debated.
The sexy sounding Bundesgesetz über Kommunikationsplattformen und
Suchmaschinen (KomPG)
<https://cms.news.admin.ch/dam/de/der-schweizerische-bundesrat/JHS1l1GdjmSX/Vorentwurf_DE.pdf>.
It essentially copies many aspects from the DSA - internal complaint
handling, out-of-court dispute settlements, local representatives, annual
systemic risk and mitigation measures reports, as well as external audits.

—

The law speaks of online platforms with "economic activity" in Switzerland
and that are used by more than 10% of the population. If Wikipedia is in
scope the WMF probably already complies with most of the obligations, as
they are very similar to the ones in the DSA. But the extra compliance and
reporting would cost time and money.

—

There seems to be a contradiction about the scope, however. In the
explanatory notes the government itself says that providers like the
Wikimedia Foundation are not in scope, since they only target for-profits.
However Swiss jurisprudence seems to include not-for-profit activities in
the term "economic activity". Wikimedia Europe, Wikimedia CH and the
Wikimedia Foundation are working on a consultation submission with the ask
to clarify the scope.

=== Polish DSA Transposition ===

Poland’s digital ministry tabled two new laws to implement the EU’s Digital
Services Act, something that should have already happened. This is a
reaction to the veto of the passed regulation, which was issued by
President Karol Nawrocki. The Polish President says he is concerned that
the law will increase internet censorship.

-- 
Wikimedia Europe ivzw
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