In a globalization accelerated by the digitization of economies and their growing interdependence, what place do the European Union and its 27 Member States occupy?
While the two other competing economic groups (the United States and China) have their industrial and service champions (the American GAFAMs and the Chinese BATXs), the European Union and its 27 Member States have clearly understood that they must extend the normative success of the GDPR through a new body of rules to regain control of the data market, both personal and non-personal.
These three regulations adopted or in the process of being adopted by the end of October 2022 each respond to a very specific concern.
The Data Governance Act paves the way for the economic exploitation of non-personal data produced by public administrations and companies, an exploitation hitherto prevented or hampered by the absence of a legal framework securing the return on investment of each the valuation of non-personal data resulting from their activities. This text is the first stage of a real data economy, already supplemented by the Data Act (or data regulation) and by a first sectoral regulation relating to a major area of articulation of data and economic progress in the through the regulation on the European health area.
The Digital Markets Act aims to ensure that States keep control of an increasingly “platformized” economy where certain platforms weigh more economically than EU Member States. This resumption of control is also made necessary by the refusal of said economic actors to fully comply with the rules laid down by the GDPR. Finally, this regulation must also make possible the emergence of European platforms without them being blocked by GAFAM or BATX.
The Digital Services Act states that “what is illegal offline must also be illegal online”! Beyond consumer protection, this regulation, by establishing control over the content of what is broadcast and/or sold by platforms, protects European citizens from possible manipulations that could lead to destabilizing democracy by instilling harmful mistrust on public life than to prevent competition between businesses from working to the benefit of consumers and employment.
The webinar of October 20, 2022 will give you an understanding of the contributions of these three regulations which will structure the life of EU Member States and, no doubt, as with the GDPR, influence the regulations of our economic partners.
You need to know them because they are extensions of the GDPR and the basis for additional draft regulations already under negotiation.
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