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29 November 2021, Monday | NIAS Europe Daily Brief #55
IN FOCUS
By Padmashree Anandhan
Profile of the Digital Markets Act
On 25 November, at the competitiveness council meeting the European ministers passed two important laws, Digital Markets Act (DMA) and Digital Services Act (DSA) to govern the digital competition and content moderation. The law comes into practise after exposure to detrimental exercises and anti-competitive exercises by the global big tech companies.
Who does the DMA target?
The DMA aims for the creation of a level playing field for the EU businesses through regulating the big tech firms. This will establish a competitive and fair digital sector with a long-term agenda to bring innovation, high quality digital products, services and fair prices in the digital sector. The prime aim of this law is to target the large online platforms known as “gatekeepers” who intend to control the platform services from marketplace, app stores and online search engines. This includes Amazon, Facebook, Google, Microsoft, Apple and Booking.com, and in future Zalando, Alibaba will also be considered.
The eight categories of core platform services the DMA targets are social media network, search engines, video platforms, communication services, intermediation services, cloud computing services, operating systems and advertising networks. Tech companies which fall under these will be subject to the regulation, who the European commission terms as “gatekeepers.” They are named in such a way as they control from the entry point of the companies to the end point of users or consumers. Other conditions for such companies to be categorised as gatekeepers is if they have sustained their company in the EU for three years, have 45 million monthly users, global turnover of USD 7.9 billion or more and held operation in three out of 27 EU member states.
Response of other countries
The French government has expressed confidence in coordinating with the EU nations through finding a common ground. According to France's Digital Secretary Cédric O “There still work to do in terms of refining the names of the platforms, however there is a form of consensus for identifying the real gatekeepers.” Outside the EU, the US government is not supportive as it feels the laws are directed only towards its companies.
Shortfalls
First, the regulations provide the framework on who falls under the category of a gatekeeper and how they will be monitored under the act. But it fails to reserve the right to investigate those firms which do not fall under the gatekeeper group. This creates a void on deciding whether certain firms will be investigated or not for the specific service they offer.
Second, when it comes to monitoring the tech companies or the gatekeepers involving in digital competition and content moderation, the EU lacks in terms of resources in monitoring and inspect the act.
Third, the members of the European Parliament have suggested to form a “European High-Level Group of Digital Regulators to ensure the link between the commission and member states to implement decisions. Delegating the duties and regulations are important for the EU but any law that is connected with digital advancement must also have a rapid-fire committee to instantly modify the rules of law with the changing nature of the tech companies and their operations.
References:
“Digital Markets Act: ending unfair practices of big online platforms,” European Parliament, 23 November 2021
Clothilde Goujard And Samuel Stolton “Europe reins in Big Tech: What you need to know,” Politico, 25 November 2021
“Council agrees position on new digital rules,” European Council, 25 November 2021
IN BRIEF
By Vaishnavi Iyer
FRANCE
France slams UK in a diplomatic spat over the migrant issue
In a diplomatic spat with France, following the deaths of 27 persons who drowned while attempting to cross the English Channel, the UK's invitation to the European officials meeting was cancelled. Priti Patel, the Home Secretary, described her absence from the Calais conference as "unfortunate." She claimed that she will have separate urgent consultations with European ministers this week. French President Emmanuel Macron responded fiercely to Boris Jhonson’s request for France to take back refugees. Macron accused the UK prime minister of demonstrating a lack of seriousness in a letter posted on twitter. Johnson said: "This is an issue we have to fix together." The UK government asserted that the letter was genuine and encouraged France to reconsider its invitation.The discussions in Calais, which France convened to address the recent rise in migrant crossings of the English Channel, were attended by Belgium, France, the Netherlands, Germany, and the European Commission. (“Channel migrants: France wants 'serious' talks with UK,” BBC, 29 November 2021)
CZECH REPUBLIC
Fiala gets nominated as the Prime Minister of Czech Republic
On 28 November, following Petr Fiala's election victory in October, Czech President Milos Zeman nominated him Prime Minister of the Czech Republic. Milos was isolated from Fiala by plexiglass.Fiala, 57, is the leader of the three-party coalition Together (Civic Democratic Party, Christian Democrats, and TOP 09), which received 27.8% of the vote in early October. Fiala with the support of left-wing parties ousted the ANO movement led by Babis.(“Czech Republic: Petr Fiala named new prime minister,” Deutsche Welle, 28 November 2021)
GERMANY
Nuremberg opera publishes open letter to relocate to former Nazi Party rally grounds
Historical societies have been outraged by proposals to temporarily relocate Nuremberg's opera house to the former Nazi Party rally grounds. The historic opera needs a new home because its current one is in desperate need of repair. The repair process for the Opera may take several years to complete.History for All, a non-profit that organizes tours on the grounds, claims that the decision jeopardises education about Nazi Party doctrine and propaganda. In an open letter, the association stated that exposing visitors to the original Nazi structures was a method of promoting “fascist megalomania” as well as its final catastrophe.On December 15, the city council will pass a verdict on the location.There are no other feasible possibilities, according to an open letter from the opera theater's management. (John Silk, “Germany: Plan to use Nazi site for Nuremberg opera slammed,” Deutsche Welle, 28 November 2021)
SWITZERLAND
Calls to ban COVID-19 pass denied
On 28 November, Switzerland published final results of a referendum conducted to decide on whether the COVID certificate should be continued in the country. It declared 62 percent of voters choosing to keep the pass launched in September. Restriction of entry via the pass pertains to those who are fully inoculated, recovered from the infection or have produced a negative test.
THE UNITED KINGDOM
Storm Arwen wreaks havoc in the UK
Leaving at least two people dead, and 55,000 without power, Storm Arwen has wreaked havoc in the UK. The Met Office has issued a “red warning” owing to wind gusts of around 100 miles per hour. People have been asked to halt travel and avoid going near the coast. The Met Office has warned against the hazardous icy roads.Northern Powergrid, a regional power utility in the north of England, claimed 55,000 customers in Northumberland, County Durham. Attempts to restore power are taking place in England and Scotland. (“2 dead after Storm Arwen batters northern UK,” Deutsche Welle, 27 November 2021)