The Blog of the European Association for Digital Transition
You see the expression ‘data breach’ almost every day in the media. It refers to situations in which the data we have given to a service provider ends up being available to a third party who, in principle, should not have had access to it.
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The regulatory offensive being done by the European Union with the so-called ‘gatekeepers’ of the digital economy – the large Internet platforms – just might be a before and after in the unbalanced market position these enjoy. However, both the Digital Services Act and Digital Markets Act ignore a key element in regulating the use and exchange of personal data: an economic calculation of the consumer-digital relationship.
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Various events are being held this week to celebrate World Consumer Rights Day, a day in which civil society and regulators defend the rights of citizens-consumers. This year, the date takes on a special relevance. This is because it is being held in the midst of major discussions within the European institutions that are designing one of the most important regulatory frameworks for the coming years, that is, the ‘Digital Acts’ regulatory package: DSA, DMA, and DGA.
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March 15 marks World Consumer Rights Day, a commemoration established by the United Nations in 1983. The choice of March 15 comes from a speech delivered on that day in 1962 by John Fitzgerald Kennedy. Speaking at the United States Congress, the then U.S. president defined the consumer as an essential element in the production process, recognising their political relevance and urging institutions to protect their rights.
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For years we have been witness to a range of debates, formulations, and written proposals on the future of work. The impact of digitalization and technological change sparks many of these debates, as do trends that have long existed as a result of changes in how the workforce is composed, business models, and, ultimately, the process of globalisation that accelerated at the end of the last century.
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It’s no surprise the Silicon Valley tech giants are paying close attention to regulatory activity in the European Union. As of March 2015, when then-Commission President Jean-Claude Juncker announced the Digital Single Market, Europe has been setting a distinct profile in its conception of digitalization, a profile that is increasingly uncomfortable for the so-called Big Five or GAFAM – Google, Apple, Facebook, Amazon, and Microsoft. Some of the issues the Commission is prioritising through the Digital Services Act and the Digital Markets Act are potentially very dangerous for the business model of companies like Google and Facebook. And we’re talking about a market of more than 450 million people.
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A recent report by analysis firm Credit Suisse predicted that Inditex, the Spanish multinational that owns the Zara brand, would end up selling its garments on Zalando, a German marketplace. The report foresaw that the same would happen with another important European textile giant, H&M. It would be, according to Credit Suisse, not only a logical step but also a necessary one in the face of how rapidly physical commerce is evolving, which is in a sharp decline that has been accelerated by the pandemic.
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The Data Governance Act being prepared by the European Commission is a key element in creating a single data market aligned with European Union values and principles. It’s obvious the EU starts with a disadvantage in this area, but the technological developments still to come, in which the roll out of 5G and the Internet of Things will play a key role, make it clear there is still a long way to go, especially in the industrial field.
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On Thursday, January 28, Data Protection Day is once again being celebrated. The first edition was held in 2007, after the Council of Europe had decided a few months earlier to set the date.
Why this day? On January 28, 1981, the Council of Europe signed Convention 108 in Strasbourg for the protection of personal data in its automated processing. It was the first legally binding international instrument for data protection, and for more than 30 years an important legal reference, in Europe and beyond. Today, Data Protection Day is celebrated all over the globe, and outside our continent is known as Privacy Day.
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How to incorporate the current rights framework into the digital environment? And how to protect these rights in this area? The Spanish Ministry of Economic Affairs attempts to answer these two questions in what has been titled the Digital Rights Charter, which it presents as part of its ‘España Digital 2025’ plan. This is a document whose purpose is to guide future policy decisions and actions by public authorities.
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