It’s EU Parliament elections time, and I thought it would be a good chance to give a short recap on significant and recent EU digital regulations, for those wondering how the elections can impact our digital lives. If you’re deep into digital policy, this probably isn’t for you. I’m also not trying to convince anyone to vote one way or another (or not to vote either).
From regulating AI technology to data privacy and cybersecurity, the EU decides on rules and regulations that don’t only affect those living within its borders, but also far beyond. This particularly applies to digital issues and the open source movement, which transcend borders. If you’ve ever had to deal with an annoying cookie banner, you’ve felt the EU’s effect. So what has the EU been up to recently?
Digital Security and Privacy
The EU has taken some massive steps in regulating the security of digital products. You might have heard of the the Cyber Resilience Act (CRA), which regulates products with digital elements maintain high-security standards. There are lots of positive things that the CRA brings, such as mandating that products should be “secure by design” and ensuring when you buy a digital product, it receives updates throughout it’s lifetime.
We are yet to see how the CRA will be implemented, but I think if it’s elaborated and enforced the right way, it will enhance trust in open-source software by setting a high baseline of security across the board. If the definitions and requirements remain opaque, it can also introduce undue burdens and friction particularly on open source software projects that don’t have the resources to ensure compliance. There are also wider ecosystem concerns.
The CRA, along with some General Data Protection Regulation (GDPR) updates and the newer Network and Information Security Directive (NIS2), place significant obligations on people who develop and deploy software. Also worth mentioning the updated Product Liability Directive, which holds manufacturers accountable for damages caused by defective digital products.
If it’s the first time you hear about all these regulations and you’re a bit confused and worried, I don’t blame you. There is a lot to catch up on, some positive, a lol of it could use some improvement. But all in all, I think it’s generally positive that the union is take security seriously and putting in the work to ensure people stay safe in the digital world, and we’ll likely see the standards set here improve the security of software used in Europe and beyond.
Digital Services Act (DSA) and Digital Markets Act (DMA)
From enhancing user rights and creating safer digital environment, to dismantling online monopolies and big platforms the Digital Services Act (DSA) and Digital Markets Act (DMA) were introduced this year by the EU to provide a framework for improving user safety, ensuring fair competition, and fostering creativity online.
The DSA improves user safety and platform accountability by regulating how they handle illegal content and requiring transparency in online advertising and content moderation. The DMA on the other hand focuses on promoting fair competition by targeting major digital platforms which it calls “gatekeepers,” setting obligations to prevent anti-competitive practices and promoting interoperability, fair access to data, and non-discriminatory practices.
Artificial Intelligence Regulation: A Skeptical Eye
I had to mention the AI Act, since it was recently passed. It’s designed to ensure safety, transparency, and protection of fundamental rights. The law focuses on ensuring the safety, transparency, and ethical use of AI systems, classifying them based on risk levels and imposing stringent requirements on high-risk applications. Nobody on either side of the debate is happy with it as far as I can tell. As an AI luddite, my criticism is that doesn’t go far enough to address the environmental impact of machine learning and training large models, particularly as we live in a climate emergency.
Chat Control Legislation: Privacy at Risk
One of the most worrying developments at the moment is the chat control provisions under the Regulation to Prevent and Combat Child Sexual Abuse (CSAR). Recent proposals includes requirements for users to consent to scanning their media content as a condition for using certain messaging features. If users refuse, they would be restricted from sharing images and videos.
Obviously I don’t have to tell you what a privacy nightmare that is. It fundamentally undermines the integrity of secure messaging services and effectively turns user devices into surveillance tools. Furthermore, experts have doubted the effectiveness of this scanning in combatting CSA material, as these controls can be evaded or alternative platforms can be used to share them. Even private messaging app Signal’s CEO Meredith Whittaker has stated that they would rather leave the EU market than implement these requirements.
Fingers Crossed for the Elections
In conclusion, we’ve seen how the EU is shaping our daily lives and the global digital ecosystem beyond just cookie banners. Regulations like the Cyber Resilience Act, Digital Services Act, and Digital Markets Act are already affecting how we make decisions and interact with software and hardware, and will bring improvements in digital security, competition, and enjoyment of rights for years to come.
Proposals like the chat control one demonstrate the potential of how it can also negatively impact us. I’ll be watching as those elections unfold, and urge to all to stay informed to follow these developments. We’ve seen from the CRA process how positive engagement by subject matter experts can sometimes help steer the ship away from unseen icebergs.
