martes, 7 de marzo de 2017

Digital Single Market Strategy: The review

The European Commission presented on May 6th 2015 the Digital Single Market (DSM) Strategy. Although the implementation of some the envisioned measures have not been as intensive or extensive as initially expected, the Commission can claim they have finalised its part of the job. In January 9th, the EC gave flesh to the last measures to be implemented.

In the never ending European policy making cycle, it starts now the period to review the implementation and delivery of the DSM Strategy. The starting point for this revision will be the next European Council to be held in March 9-10, According with the Bratislava Roadmap, the European Council will review in the meeting the "progress as regards delivering on the different Single Market strategies, including the Digital Single Market".

The formal review of the state of the art on the implementation of the sixteen measures included in the DSM could be done through the Legislative Trains page of the European Parliament. However, in that page you will only find (with a certain delay) the state of the art of what have been proposed, but not a compilation of the potential gaps of the strategy. There is not (as far as I know) a page open to homing this debate.

Let´s think in the potential gaps. Regarding the first pillar, the European Commission has made complete proposal in order to provide better access for consumers and businesses to digital goods and services across Europe. Nevertheless, the end of the antitrust competition inquiry into the e-commerce sector opened by the DG COMP will pave the way for new proposals. The deliverable of the enquiry will be avalaible in the first half of 2017 jointly with more legislative proposals on e-commerce.

As for the second pillar of the DSM strategy, there are a couple of open chapters. On one hand, after the publication of its communication on Digital Platforms, the European Commission open an assessment of online platforms in order to find if it is needed to make proposals to tackle the role intermediaries plays in the protection of intellectual property rights. On the other hand, in the same communication, the Commission anounce a targeted fact-finding exercise on B2B practices in the online platforms environment. Therefore, it could be expected some legislative proposals regarding online platforms. Linked with this pillar, the EC has also launched the idea of creating some kind of cybersecurity labelling scheme for IoT.

Finally, the third pillar of the DSM could be enlarged in several manners. Firstly, with the presentation of some proposal to improve the European ICT standardisation system. Secondly, with the presentation of a legislative proposal to promote the free flow of data as it is insinuated in the recent communication "Building the Data Economy". And last but not least, we can not discard a review of Reuse of PSI legal framework.

Beside these "natural" enlargements of the DSM strategy, other issues could be part of the review of the EU digital strategy. The European Parliament has put on the table several topics as robots or the usage of electronic means to reinforce democracy in Europe. There are still strategic gaps regarding topics like Smart Cities or IoT in the European Union broad view of the digital future.

A new digital policy cycle, a new era for debates.

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