Tech Pro Brief

Mon 21 October 2024 | View online
Estimated reading time: 4-5 minutes

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Today we are covering the debate over telecom at the Council, the GPAI provider workshops, and the Hungarian presidency dabbling into governance structures.


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🟡Telecom

Written comments deadline for attachés

The Council continues to struggle with wording around telecom consolidation. Telecom attachés are expected to submit their written comments on draft council conclusions on the future of telecoms on Tuesday (22 October).


In the comments, attachés will elaborate on the discussions they had during the last working party workshop on 15 October.


In general, the second compromise text circulated by the Hungarian Presidency was well received, but key sticking points remain:

  • Consolidation (§35) could be deleted altogether because:

    • It remains problematic for member states opposed to in-market consolidation.

    • The complex language used to find a compromise seems incomprehensible or too open to interpretation by the Commission, argued some member states.

  • ePrivacy (§16)

    • The need for clarification of what a "horizontal privacy law" means was discussed at the working party.

    • A reference to the e-Privacy review, currently in limbo, could appear.

  • Level playing field with cloud service providers (§15 and §24): the debate is still wide open and many member states remain unconvinced.


What to expect:

  • Country of origin principle (§33): the Hungarians are expected to include a reference to negative spillovers of forum shopping, if the "country of origin" principle were to make it into the EU telecom regulatory framework.

  • Regulation (§27): a clarification is expected to state that if a market lacks competition, ex ante rules remain the norm.


🟡 Artificial intelligence

GPAI workshops coming up

On Wednesday, the AI Office will host its first general-purpose artificial intelligence (GPAI) model provider workshop as part of the (still) obscure drafting process of the GPAI Code of Practice (CoP).


The CoP is a key part of AI Act implementation, as it will detail how providers of GPAI models like ChatGPT can comply with relevant AI Act provisions, until harmonised standards are set.


The drafting will involve a "plenary" with almost 1,000 participants, to be fed by a stakeholder consultation. But there will also be closed-doors meetings between GPAI providers and the chairs and vice-chairs of the four working groups drafting the code.


No one is particularly happy with how the process is shaping up.


With almost 1,000 participants in the plenary, the chairs of the working groups might have a lot of influence, representatives from industry and civil society said at a roundtable organized by lobby Computer & Communications Industry Association (CCIA) last week.


Some industry representatives worry that:

  • The chairs lean too heavily towards academia.

  • Several of the chairs are affiliated with groups and strong viewpoints on AI risk.


Details on next steps are scarce. "There is no information shared yet by the Commission with the providers on the details," tech policy expert Cornelia Kutterer said in a briefing after the CCIA roundtable, a week before it will happen. MLex reported that the first draft of the CoP is expected to come a week behind schedule, in the second week of November.


Furthermore, industry expressed concerns that:

  • With only 4% of plenary participants and only 5% of written input in the consultation stemming from GPAI providers, they will have too little say in the process.

  • The CoP will go too far, based on what was mentioned in the consultation form and first plenary, said CCIA Europe's Senior Policy Manager, Beniface de Champris. That refers to:

    • Copyright law

    • Third-party risk assessments

    • Know-your-customer requirements for models


Civil society has its own concerns. Renate Schroeder, Director of the European Federation of Journalists told Euractiv after the first plenary that:

  • GPAI providers will have too much influence through the provider workshops and given that the Commission highlighted their input in the first plenary.

  • The Commissions focus on competitiveness will water down obligations for model providers.


🟡 Housekeeping

Governance workshops

The Hungarian Presidency is organising workshops on governance models for tech policy on Monday at its Permanent Representation to the EU.


The aim is to find a coherent and structured way for coexistence between all the new governance models put in place by EU's digital laws adopted during the 2024-2029 mandate and pre-existing agencies and governance structures.


Two sessions are planned:

  1. Platform governance; a session focused on DSA and DMA enforcement

  2. Data governance; a session focused on Data and Digital Governance Acts


This workshop comes five months after the Council adopted conclusions on the Future of EU Digital Policy which underlined the need for coordination, including between the Commission and member states, when setting up EU boards or beefing up existing governance structures.


🟡 DSA

Commission poking around porn websites

The Commission sent requests for information under the DSA to Pornhub, Stripchat and XVideos on Friday, under suspicion that "they lack clear and easily comprehensible information on their content moderation practices."


The deadline to reply is 7 November. Failure to reply could eventually lead to fines.


The Commission wants to know about:

  • human resources dedicated to moderation, including qualifications and linguistic expertise)

  • detailed information on the platforms' repositories


The Commission requested information from these three porn websites in June on measures taken to assess and mitigate risks related to the protection of minors online.


Pornhub’s parent company Aylo has appealed its designation as a Very Large Online Platform.


🟡 Data & privacy

X’s new privacy policy

The Irish Data Protection Commission (DPC) "is actively engaging" with X since it modified its privacy policy on Friday to allow third parties to access personal data to train their artificial intelligence models.


The DPC ”struck down” a court case with X in September after the company agreed to permanently stop processing personal data collected during a period of time in the EU for training AI model Grok.


Read more

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Today’s briefing was prepared by the Tech team: Eliza Gkritsi, Théophane Hartmann, and Jacob Wulff Wold. Share your feedback or information with us at digital@euractiv.com.

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