European law on chips, cyber resilience and freedom of the press: the new laws for the digital world that the European Union prepares for 2022
The digital world is one of the priorities of the European Union and Important laws are coming by 2022 who want to help strengthen Europe’s position in sectors such as semiconductor production or cybersecurity. After the DSA / DMA that established a series of standards for large technology companies in terms of content and interoperability of their systems, next year we will have legislation that will add new obligations for these companies and will establish the regulatory framework regarding other digital and electronic
Through Euractiv we know that leaked the European Union’s digital policy agenda for 2022. A calendar that reviews the initiatives that are expected to be approved next year. A list of new regulations that will mark the European agenda and that we will have time to talk about as the date of their approval approaches.
European Cyber Resilience Act
Within its cybersecurity strategy, the European Union prepares for the third quarter of 2022 a new ‘Cyber Resilience Act’ legislation aimed at introducing a common cybersecurity standard for connected devices.
According to the Commission document, “such rules could include a new duty of care for manufacturers of connected devices to address software vulnerabilities, including continuation of software and security updates, as well as guarantee, at the end of the useful life, the elimination of personal data and other data. “
From cybersecurity we move on to cyber resilience, which as defined by INCIBE, is “the ability to anticipate, resist, recover and evolve to improve its ability to overcome adverse conditions, stress or attacks on the cyber resources it needs to function” . They are two similar concepts, but in a broader sense the second.
European Chips Law
Your approval is expected also for the third quarter of 2022. The ‘European Chips Act’ will be an important law aimed at empowering and developing a European semiconductor industry and being less dependent on the foreign supply chain.
“The EU Chip Law is a response to (i) the current shortage of semiconductors in manufacturing, showing the need to reduce strategic dependencies and strengthen security of supply and (ii) accelerating support for innovation and semiconductor capabilities around the world, “the document states.
In mid-September, Ursula Von der Leyen, President of the European Commission, announced the intention to pass this law, with the 2030 target for Europe to produce 20% of semiconductors globally, doubling its current percentage which is 10%.
The measures are still to be defined, but it is expected that a European fund for cooperation and promotion of production chains will be created.
Freedom of the press law
Following the murder of the Greek journalist Yorgos Karaivaz, the European Commission proposed a future European Law on Freedom of the Press. Currently there is the European Audiovisual Communication Law, but it is intended to adopt new legislation by the third quarter of next year that establishes a mechanism to monitor media ownership and pluralism.
“An EU-wide monitoring mechanism will aim to reduce the burden on media actors and support them in the context of increasing political interference in the media sector,” the document defines. “The initiative would also aim to support the resilience capacities of innovative media actors, as well as strengthen the governance model of public service media to reduce the risks of politicization and further guarantee the diversity and pluralism of the media. “
Promotion of digital skills
The Commission prepares two recommendations, one of them on digital skills and the other on education. The objective is to try to improve the levels of digital skills in Europe, below what is desired by the institutions. The second regulation would be focused on trying to eliminate the digital divide. To this end, the Commission prepares a series of documents for “foster dialogue with industry to identify new and emerging skill needs“.
After the pandemic, the European Union wants to define the parameters for an inclusive and effective digital education in the long term. To do this, they will publish another document, which is expected to be adopted during the third quarter of 2022. Unlike those previously mentioned, these two initiatives they will not be legislative and yes recommendations from the European institutions.
Control over the merger of companies and definition of what a “market” represents
For June 2022, the European Commission plans to review some aspects of the procedure of the rules of control of the merger of companies. The aim is to make “more efficient and less burdensome in cases that are unlikely to raise competition concerns and to allow the Commission to dedicate more resources to those cases where a detailed investigation is required.”
That is to say, simplify rules for straightforward mergers and allocate more resources to more complex cases. A scale that seems logical taking into account the current situation but that will depend on the details marked to improve this process.
For December 2022, the work plan of the European Commission includes a review on the definition of the market, to guide companies and increase legal certainty in antitrust cases.
When, for example, it is established that a company is a monopoly in the mobile payments sector or in the app store sector, defining these sectors well is important to determine that indeed certain companies have too much power in that market. More considering that, due to the changing nature of the digital market, establishing the limits of each sector is complex.
Aid for broadband and interoperability of public services
The latest guidelines on digital matter that exposes the leaked plan of the European Commission for 2022 deals with aid for the national implementation of broadband networks, review of antitrust exemptions and an interoperability proposal of governments. This latest measure was scheduled for the end of this year, but has been delayed to April 2022, according to the leaked schedule.
In the process of digitization of public administrations, the European Commission wants to create a regulation that forces the different national tools to be compatible between one country and another, at a legal, organizational, semantic and technical level. Already in 2017 a European interoperability framework was defined and the idea is that in 2022 a step forward will be taken.
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