In that political context of simplification and deregulation, how can we ensure data protection and digital regulations not only survive, but are actually enforced in Europe? Last week, the Democratic Tech Alliance together with FES held its second event in the European Parliament, this time on Data Protection, Democracy, and the Digital Omnibus. Here, we detail the main take aways of the event. The Democratic Tech Alliance consists of civil society, businesses and MEPs across parties with the aim to build and value based digital ecosystem.
Europe is known for it firm stance on data protection, but the reality is different. EU citizens and workers continue to be subject to privacy intrusions and massive surveillance. This does not only undermine our right to data protection and privacy, but also threatens European democracy and security, exactly at a time of escalating geopolitical tensions. Moreover, it sets back European SMEs that respect the law, when many big tech companies simply don’t. Now, the European Comission has suggested “simplifying” data protection obligations as part of a fundamental overhaul of the EU’s digital legislation may follow by year’s end. Pressure from outside and within may succeed, in significantly watering down many data protection obligations.
What transpired very clearly from the event is the danger the Digital Omnibus poses to the upholding of European values. The ‘simplification’ agenda presented by the Digital Omnibus, seeks to re-open digital regulations agreed to in the last mandate of the Commission or earlier, which is likely to result in the undermining of values and rights such as data protection enshrined in the digital regulations such as the GDPR, the DMA, and the AI act.
There is a need for harmonisation across member states of the implementation of regulations such as the GDPR. There is also a need for enforcement, mostly to take away the asymmetries created in the market now disfavouring smaller companies and initiatives. However, opening the GDPR is a bad idea, as the GDPR is not the issue – proportionality and non-compliance is.
Several speakers asserted that in the EU approach to technology policy, we have to put our public values, such as democracy, transparency, labour rights, privacy, and self-determination, first. Technology and competition will have to follow, we can have innovation and competition according to our values. So instead of backing down on digital regulation, we double down on our regulations.
Regarding the imperative of ‘competition:’
What does competition mean? On what do we compete? Should Europe compete on technology that runs on surveillance and undermines fundamental rights? For Commons Network and the Democratic Tech Alliance, it’s very clear that we should not, instead, we would like to maintain our freedom and self-determination.
Europe needs to be competitive, but we need to compete on digital systems. Meaning, Europe should not pursue a techno authoritarian system based on misinformation and coercion. Instead, it should pursue a system that runs on trust and transparency. Part of the solution is focusing on automation of standards and techno-legal measures, which automatically enforce compliance.
How can we simplify for innovation and for competition? We need to shift the question: how can we simplify for access to justice and rights? Europe should pursue technological innovation optimising these goals, benefiting people and communities in Europe and beyond.
