Tech Pro Brief

Wed 23 October 2024 | View online
Estimated reading time: 4-5 minutes

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Thank you for joining us for our daily Tech Pro briefing. Today’s coverage dives into key topics from what to expect around targeted advertising rules in the next mandate, Poland’s ambitious programme for the next mandate, and calls for a pan-European corporate entity.


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🟡 Top story

Still at it

MEP Birgit Sippel (Germany, S&D) aims to pursue a ban of online targeted ads in the next mandate, she told Euractiv.


It’s hard not to get déjà vu when reading this. The Parliament tried to push such a ban in the negotiations to the DSA, but it didn’t go through.


The DSA did introduce some measures around targeted advertising, such as transparency and banning certain practices like advertising using sensitive personal data. The DMA and GDPR also set some restrictions around consent for personal data being used for targeted advertising.


A review of the 2002 ePrivacy directive, which tried to update rules on online tracking and monitoring into a regulation, has gone nowhere. The Commission proposed it in 2017 and Sippel took over as rapporteur of the Parliament’s report from a previous MEP in October of that year.  


Discussions at the Council have stalled since the first half of 2023 under the Swedish Presidency of the Council of the EU.


But as the next legislative cycle approaches, and with a new Commissioner-designate for Democracy, Justice, and the Rule of Law, the debate around ePrivacy is reawakening.


The political context is interesting.


On the one hand, the new Commission’s focus is on competitiveness, which includes fostering data markets that (hopefully) will spur innovation. This is could steer the legislative train away from any disrupting action on targeted ads.


On the other hand, there is mounting political pressure to create rules around personalised advertising. A ban may not be quite realistic, but measues could take many shapes:

  1. A revival of the ePrivacy regulation, perhaps under a different guise

  2. A new attempt to bring back the ePrivacy directive in a different form, including breaking it apart to integrate it in different proposals

  3. The Digital Fairness Act, which the Commission is actively considering


But some stakeholders argue that applying the existing rules is enough to tackle the problem. Just last week, the Court of Justice of the EU ruled that Meta cannot "cannot use all the personal data obtained for the purposes of targeted advertising, without restriction as to time and without distinction as to type of data" under the GDPR.


The Commission is in the process of picking a research outfit to determine if there are any gaps left by the DSA and DMA that need to be addressed around online advertising.

🟡 The next Council presidency

Polish ambitions

According to a presentation seen by Euractiv, Poland's presidency for the Council of the EU, set for the first half of 2025, aims to deliver:

  • An orientation debate and a progress report on a Digital Networks Act, revamping the regulatory framework around telecom, done in "probably early 2025"

  • A recommendation on how to improve handling procedures for large-scale cyber attacks, also "probably early 2025"

  • A progress report on an EU Cybersecurity Act in the second quarter of 2025


It's an ambitious programme, particularly with regards to the Digital Networks Act. The Council is currently stuck on phrasing around consolidation of the industry in conclusions.

🟡 EU Incorporated

Calls resurface

About 30 tech startups organisations called for a pan-European a corporate status to help "growing European tech champions" to compete with their counterparts in the US and China, in a non-paper published this morning.


It is the second such call to be released in the last week. Over 10,000 people have signed a similar petition dubbed EU Inc, supported by major tech founders, CEOs, and venture capitalists, in Europe and beyond; from Wise, Revolut, and Stripe, to Y Combinator.


EU institutions are signaling yes to EU Inc:

  1. European Commission President Ursula von der Leyen favoured a similar initiative in her political guidelines and tasked Irish Commissioner-Designate for Democracy, Justice and the Rule of Law Michael McGrath to lead the work.

  2. Many MEPs are on board, Simon Schaefer, founder at Founder Factory and co-founder of the EU Inc petition, told Euractic

  3. "The Council should be on board as well, as we do not suggest suppressing national regimes, but create an alternative," added Schaefer. FranceDigitale, who led today's call, shares this opinion.


Delivering "quickly" will be of essence, said Schaefer, who would like a Commission legislative proposal by the end of 2025.


The whole entrepreneurship ecosystem is behind the idea.


The new pan-European corporate legal status is expected to allow founders to create companies by themselves, from scratch, fully online, and with "very low" capital -suggested at €1- in the non-paper.


They suggest additional measures to simplify administrative burdens for entrepreneurs, such as equity payments and contractual freedoms for entrepreneurs.


This pan-European legal status is expected to create clarity for EU and international founders and investors, who will not have to dive into local legislation before taking an investment decision, as well as opening them up to an EU-wide pool of investors.


“If we unify the founder and investor systems, we finally will be able to compete with the US, China, or India,” Andreas Klinger, investor at Prototype Capital and co-founder of the group who published the aforementioned petition told Euractiv.


But, it is not a panacea.


Complementary measures include further integration of the tax systems, establishing minimum standards on employment policies, changing public procurement rules, and better unifying business laws.


An EU-wide company status has existed since 2001, called Societas Europaea. But it has "proven to be virtually unworkable" for innovative companies, say the signatories of the non-paper.


To apply for this status, companies must already have a legal entity, presence in at least two EU countries, a minimum capital of €120,000, as well as decide to merge, form a holding company or a subsidiary, or convert from a public limited liability company to a Societas Europaea.


It’s no surprise that mostly big companies shifted to this EU legal status, including European Airbus, German Allianz, BASF, E.ON, SAP, and Zalando.


"For these German [...] companies, the Societas Europaea [status] has primarily served as a stopgap for their national law," Clotilde Hocquard, public affairs lead at FranceDigitale told Euractiv.

🟡 Artificial intelligence

The US piecemeal approach

Where the EU goes horizontal with AI regulation, the US is trying to stop bad outcomes from happening piece by piece, with one exception, Colorado's AI Act.


US states have passed 113 bills in 2024 to govern different uses of AI, transatlantic tech lobby BSA said in an analysis published yesterday.


Another 580 state level AI bills have been considered in 2024 in different US states, according to the BSA.


This signifies a growing push on the state level to regulate AI where us federal legislators are doing nothing.


It's a fascinating parallel experiment on what is the best way to regulate new and evolving technologies; a horizontal regulation like the EU AI Act that takes a comprehensive approach to AI, or the piecemeal regulation at play in US states.

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Today’s brief was brought to you by Euractiv’s Tech team

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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