e-Privacy Regulation: compromise proposal rejected by member state ambassadors
The latest ePrivacy text was rejected at COREPER on 22 November. This outcome means that it will be up to the Commission to either withdraw its e-Privacy proposal, present a new proposal, or maintain the existing proposal. If the Commission chooses to maintain it, the upcoming Croatian Presidency of the Council EU may opt to follow-up on the work of the Finnish Presidency and seek to achieve progress by tabling new compromise proposals with a view to unblocking the file within the Council.
NEW DEAL FOR CONSUMERS
Representative Actions for Consumer (Collective Redress) - Adoption of General Approach
On 28 November the Competitiveness Council discussed the COREPER I compromise text from 20 November. Some member states expressed their reservation concerning the retention of existing national rules on collective redress. Following the discussion, the Competitiveness Council adopted the general approach.
The proposal is the second part of the New Deal for Consumers package tabled by the Commission in April 2018. The European Parliament adopted its position unanimously at first reading in March 2019. The first part: 'EU consumer protection rules: enforcement and modernisation' (Omnibus Directive) was adopted on 8 November.
Taxation of the digital economy: discussions continue at both EU and OECD level
The EU national finance ministers came together on 8 November for an ECOFIN meeting in Brussels. Digital taxation was discussed to take stock of the latest work under the Finnish Presidency. According to the conclusions, there seem to be a large degree of support for the approach of the Presidency and agreement on the need to ensure that the various solutions at international level are compatible with EU law and that their impact is thoroughly analysed.
They aim to have a political agreement on the overall architecture of the reforms by January 2020 and a final report by the end of 2020. This matches the ambitions of the incoming European Commission, which has promised to strive to find an agreement on digital taxation at the global level by 2020. The Commission has noted that should this not happen, it will once again look for an EU wide solution.
Council of the EU – Background documents
More information can be found here on the Proposal for a Regulation on the labelling of tyres with respect to fuel efficiency and other parameters.
EU Ministers publish principles for European data economy in Helsinki
At a High-Level Conference on Data Economy held in Helsinki on 26 November, the Finnish Presidency of the Council EU called on Europe to seize the opportunities offered by data economy. During the event, the Ministers published ‘Guiding principles for an ethical data-driven society’. The guiding principles are: access, share, act, trust, innovate and learn.
European data protection authorities hold 15th Plenary session
On 12-13 November, the EEA Data Protection Authorities and the European Data Protection Supervisor (EDPS), assembled in the European Data Protection Board (EDPB), met in Brussels for their fifteenth plenary session. The full agenda is available here.
The meeting saw the adoption of various documents (full list available here), including:
- The EDPB report on the third Annual Joint Review of the EU-US Privacy Shield.
- A final version of the Guidelines on Territorial Scope following public consultation.
- Guidelines on Data Protection by Design & Default (DPbDD), pursuant to Art. 25 GDPR which requires that controllers implement appropriate technical and organisational measures as well as the necessary safeguards.
DATES FOR YOUR DIARY
10 December: Regulatory Conference, The European Competitive Telecommunications Association (ECTA).
10 December: 7th annual Transatlantic Digital Economy Conference, The American Chamber of Commerce to the European Union (AmCham EU)
11 December: How should we measure the digital economy?, Bruegel
19 December: Priorities of Croatia’s Presidency to the Council of the European Union, The Centre for European Policy Studies (CEPS)