The EU abandons the reform of the grip, because block changes are focused on competitiveness and promoting data access for AI

A long attempt in a standstill to strengthen the rules of the European Union around online follow -up technologies – and put penalties on a basis similar to the data protection framework, GDPRwhich allows fines of up to 4% of the annual turnover for violations – was withdrawn by the Commission after the co -legislators did not conclude an agreement on the plan.

The original proposal for updating the EPRIVACY Directive and to transform it into a full-fledged Pan-EU regulation, dates back to 2017 so that the writing is on the wall for a considerable time. But Wednesday, the effort is officially dead, because the Commission included the settlement of the grip in a list of legislative initiatives which are withdrawn, via its 2025 work program – Give as reason: “no predictable agreement”.

The EU also writes that: “The proposal is exceeded given recent legislation in the technological and legislative landscape.”

The decision to withdraw the “regulatory proposal … concerning compliance with privacy and the protection of personal data in electronic communications”, as indicated by the official title of the document, is hardly surprising given the number of years of years effort. The attracted file Intense lobbying Technology technology and telecommunications operators whose companies are said to have the scope.

Back in 2021 The documents not sealed via an American antitrust trial suggested that Google’s attempts to put pressure against the file had included attempts to mobilize other technology giants to join forces to delay and, finally – as it is is currently produced – derail the reform. While one Politico report From 2020, the electronic commerce giant named Amazon was also involved in efforts to weaken support from the EU co-legislators for the proposal.

The domination of the business models of behavioral advertising which are based on the monitoring and profiling of web users to monetize people’s attention has raised commercial issues for any reform of the rules of EU EPRIVATIE – in particular A proposal to highlight the need for entities to obtain the affirmative consent of consumers to hope for them.

And who could even Potentially, gave legal teeth not to make a track – If the efforts of parliamentarians in this direction had prevailed. If this had succeeded in the EPRIVACY regulation could have returned the script and to make confidentiality online practical for European consumers, instead of current dysfunctional web reality where commercial players with trade -based models are doing their best to return Consumers really difficult to protect their information when they use the Internet.

Although the Commission’s proposal to replace the EPRIVACY directive with modernized regulations have now been withdrawn, the existing electronic privilege rules of the block remain in force. And it should be noted that several technology giants have faced sanctions for violation of this regime in recent years.

Google and Amazon, for example, faced fines to break the consent rules of cookies – with the French data protection authority, the CNIL, hitting Google with a penalty of around $ 120 million in December 2020 and another of approximately $ 170 million in January 2022 In order not to have obtained an appropriate consent to abandon follow -up cookies. Amazon was also stung with a fine of consent of cookies of approximately $ 42 million from the CNIL at end 2020. Other penalties are included Facebook (aka meta) and Tiktok.

Discussing the disappearance of the EPRIVACY regulatory proposal, Dr. Lukasz Olejnik, researcher and independent consultant Monitoring the political zone For a number of years, told Techcrunch: “Ending this sinking is a good decision. The writing was on the wall a long time ago; It was a slowdown funeral. »»

In addition to being the target of an intense lobbying of industry, Olejnik believes that the chances of the proposal to reach a compromise between the legislators of the European Parliament and the Council were erased by a bad calendar – following From the block adopting its flagship update of data protection rules, the GDPR, it suggests that there has been an increase in alarm as to the expansion of confidentiality rules.

“The fear of the unjustified GDPR killed it, and the current climate for hostility towards regulations is not the right time to modify data protection files, which could severely turn around, even weaken the RGPD. “

A source inside the commission, to whom we granted anonymity because they were not allowed to speak to the press on the subject, had a similar analysis. “”[Commissioners Viviane] Redo and [Neelie] The Kroes should have done the Eprivacy and the GDPR together … The momentum was lost when everyone was exhausted at the end of the RGPD negotiations, “they told us.

At the same time, our source suggested that the original proposal was not well designed – the excess “a relic of days when there were only telecommunications”. “The defect is that telecommunications operators and large surveillance technologies are completely different animals,” they said, adding: “If the GDPR cannot tame the billionaires, why Eprivacy? The problem is the commercial models, market power and police efforts has Killer E2EE [end-to-end encryption]. “”

So what happens then when it comes to regulating online follow-up in the EU? There is probably an increased uncertainty and more room for maneuver so that technologists evolve their approaches to affirm that they sit outside an increasingly dated Eprivacy rules book.

“As new technologies are developed and used, they will remain outside the radar,” suggests Olejnik. “The GDPR is not able to cover everything, and the need to reinterpret the former EPRIVACY directive also has its limits. We must therefore expect interpretations and advice from the CJE [European Court of Justice]Who will strengthen the legal Acquh … and maybe sooner or later, someone will offer a overhaul. »»

Technological priorities in the EU work plan in 2025

Meanwhile, the Commission has many other technology legislative works to occupy it this year after its Restarting leadership – and a change in speed that highlights competitiveness, with an explicit objective of promoting economic growth Support for technological innovations such as AI This seems to line up more closely with the interests of the private sector.

It is 2025 work program Includes a plan for an innovation law, provided for “later in the mandate”, which will aim to support startups, scales and “innovative companies” to invest and operate on the single market thanks to a simplification process applicable and work rules to “a 28th legal regime” [i.e. rather than 27 different ones apiece for each EU Member State].

The Commission says that it wants this reform to “simplify the applicable rules and reduce the cost of failure, including the relevant aspects of corporate law, insolvency, work and tax law”.

Another objective is to stimulate biotechnology – with EU writing that it wants to “use European life sciences
Artificial intelligence and increased deployment.

The management of large capacity digital infrastructure is also part of the plan, with a law on the planned digital networks which, according to the EU, “will create opportunities for the operation of the network and the provision of network services, improve the competitiveness of the industry and improve the coordination of the spectrum.

A cloud and a law on AI development are also provided, that the Commission wishes to strengthen access to data in order to accelerate localized AI.

There will also be an AI continent action plan, dealing with efforts to bring together resources and skills as part of the EU existing AI factories program which aims to trigger “ecosystems of ‘Competitive IA in Europe ”; As well as an AI strategy applies, because the block seeks to advance the adoption of AI by industries and organizations of all bands.

The work program also lists a quantum EU strategy which should be followed by a quantum act – targeting what the EU surloys a “critical” and strategic sector. “The strategy will help strengthen our own capacities to seek and develop quantum technologies and produce devices and systems based on them,” he notes.

A Space Act is also planned as an entrant, as well as efforts to better protect underwater communication infrastructure at a time when Accidents – or sabotage – Seems to be an increasing risk for cables below the region.

Regarding consumer protection, the EU 2025 work plan offers finer choices.

The Commission has mentioned that its next 2025-2030 consumption program “will include a new consumer action plan on the single market by guaranteeing a balanced approach that protects consumers without overbuilding paperwork” – but phrasing suggests that Its priorities biased commercial interests, in the desire to trigger economic growth, the interests of consumers had to be “balanced” against this primordial imperative.

On the subject of online disinformation / disinformation of online disinformation, the EU work plan reiterates that it will come with a “democracy shield”. This initiative “will aim to fight against the evolution of the nature of threats for our democracy and our electoral processes” – including by intensifying commitment with civil society organizations.