Today, at the occasion of a stock-taking event to mark the first year of application of the EU General Data Protection Regulation, the European Commission is publishing the results of a special Eurobarometer survey on data protection. The results show that Europeans are relatively well aware of the new data protection rules, their rights and the existence of national data protection authorities, to whom they can turn for help when their rights are violated.
Andrus Ansip, Vice-President for the Digital Single Market said: “European citizens have become more aware of their digital rights and this is encouraging news. However, only three in ten Europeans have heard of all their new data rights. For companies, their customers’ trust is hard currency and this trust starts with the customers’ understanding of, and confidence in, privacy settings. Being aware is a precondition to being able to exercise your rights. Both sides can only win from clearer and simpler application of data protection rules.”
Věra Jourová, Commissioner for Justice, Consumers and Gender Equality added: “Helping Europeans regain control over their personal data is one of our biggest priorities. But, of the 60% Europeans who read their privacy statements, only 13% read them fully. This is because the statements are too long or too difficult to understand. I once again urge all online companies to provide privacy statements that are concise, transparent and easily understandable by all users. I also encourage all Europeans to use their data protection rights and to optimise their privacy settings”.
Based on the views of 27,000 Europeans, the Eurobarometer results show that 73% of respondents have heard of at least one of the six tested rights guaranteed by the General Data Protection Regulation. The highest levels of awareness among citizens are recorded for the right to access their own data (65%), the right to correct the data if they are wrong (61%), the right to object to receiving direct marketing (59%) and the right to have their own data deleted (57%).
In addition, 67% of respondents know about the General Data Protection Regulation and 57% of respondents know about their national data protection authorities. The results also show that data protection is a concern, as 62% of respondents are concerned that they do not have complete control over the personal data provided online.
Also today, the European Commission organises an event bringing together national and EU authorities and businesses to mark the first year of implementation of the EU General Data Protection Regulation, in the presence of Commissioner Jourová.
The Commission is launching today an awareness raising campaign to encourage citizens to read privacy statements and to optimise their privacy settings so that they only share the data they are willing to share.
The Commission will also report on the application of General Data Protection Regulation in 2020.
The General Data Protection Regulation is a single set of rules with a common EU approach to the protection of personal data, directly applicable in the Member States. It reinforces trust by putting individuals back in control of their personal data and at the same time guarantees the free flow of personal data between EU Member States. The protection of personal data is a fundamental right in the European Union.
The GDPR has been applicable since 25 May 2018. Since then, nearly all Member States have adapted their national laws in the light of GDPR. The national Data Protection Authorities are in charge of enforcing the new rules and are better coordinating their actions thanks to the new cooperation mechanisms and the European Data Protection Board. They are issuing guidelines on key aspects of the GDPR to support the implementation of the new rules.
Future EU-UK Partnership: Q&A on the negotiating directives
What has the Council adopted today?
The General Affairs Council has today adopted a decision, as expected, to authorise the opening of the future partnership negotiations with the United Kingdom and the associated negotiating directives.
The negotiating directives adopted today are based on the draft recommendation put forward by the Commission on 3 February 2020. They fully respect existing European Council guidelines and conclusions, as well as the Political Declaration agreed between the EU and the United Kingdom in October 2019.
What did the Commission adopt previously?
The European Commission adopted on 3 February 2020 a recommendation to the Council to authorise it to open negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland, in accordance with Articles 218(3) and (4) TFEU and Article 101 EAEC.
This recommendation was based on existing European Council guidelines and conclusions, as well as the Political Declaration agreed between the EU and the United Kingdom in October 2019. It included a comprehensive proposal for negotiating directives, defining the scope and terms of the future partnership that the European Union envisages with the United Kingdom.
What is the scope of these negotiating directives?
In line with the European Council guidelines of 23 March 2018 and the European Council conclusions of 13 December 2019, the directives cover all areas of interest for the negotiations, including trade and economic cooperation, law enforcement and judicial cooperation in criminal matters, foreign policy, security and defence, participation in Union programmes and other thematic areas of cooperation. A dedicated chapter on governance provides an outline for an overall governance framework covering all areas of economic and security cooperation.
Have you agreed with the United Kingdom yet about practical arrangements for the negotiations, such as language regime?
Practical issues, such as language regime and negotiation structure, will be agreed jointly between the EU and UK negotiators.
When will negotiations start?
Formal negotiations with the United Kingdom are set to begin the week of 2 March 2020.
Can you really negotiate everything by the end of the year?
The Commission intends to achieve as much as possible during the transition period. We are ready to work 24/7 to make the best out of the negotiations. It is possible to extend the transition period by 1 to 2 years. This decision must be taken jointly by the EU and the UK before 1 July.
Extending the transition period: if no decision is taken by July 2020, surely there is an alternative mechanism, if needs be?
If no decision has been taken by the Joint Committee before July 2020, there is no other legal basis for extending the transition beyond 2020.
Is there still a risk of a “no-deal” scenario at the end of the year?
As in every negotiation, the risk of not reaching an agreement is there. Regardless of whether a future partnership will be in place, all businesses need to prepare now for the end of the transition period, as the UK will no longer be in the Single Market or the Customs Union.
Will all issues in the negotiating directives be negotiated in parallel?
We will work on all topics in parallel. We will be particularly vigilant to progress in areas where the risk of disruption at the end of the transition period is particularly high, in case no agreement has been reached.
Why was this legal basis chosen for the negotiations? Does that mean that the agreement does not need to be approved by national parliaments?
Given the scope of the envisaged partnership, at this stage, the choice of Article 217 of TFEU as a legal basis is the most natural since it is the widest legal basis possible. It is also suitable in order to provide for an overarching governance framework, which is one of the EU’s objectives. Obviously, the legal basis can only be final once we know the content of the final agreement. What is important is to ensure that the future agreement can enter into force on 1 January 2021.
Will there be one agreement or several agreements?
The aim is to negotiate an ambitious and comprehensive partnership with the United Kingdom that can enter into force by the end of the transition period. The Commission’s intention is to negotiate that partnership as a package that comprises three main components:
-general arrangements (including provisions on basic values, essential principles and on governance);
– economic arrangements (including provisions on trade, level playing field guarantees and fisheries); and
– security arrangements (including provisions on law enforcement and judicial cooperation in criminal matters, as well as on foreign policy, security and defence).
Will the new partnership be an ‘association agreement’ and how will such an agreement be ratified?
‘Association agreement’ is the term used in Article 217 of the Treaty on the Functioning of the European Union for an agreement ‘establishing an association involving reciprocal rights and obligations, common action and special procedure’. Article 217 TFEU allows for the closest possible partnership with a country that is not an EU member. There are many different types of association agreement, but what they all have in common is their comprehensive nature and the fact that they establish a long-term institutional framework. An association agreement must be approved by unanimity in the Council and requires the consent of the European Parliament before it can enter into force. Whether the future partnership must be ratified by national parliaments depends on its final content and can only be determined at the end of the negotiations.
How will you ensure unity during these negotiations?
Just as with the Article 50 negotiations on the UK’s withdrawal from the EU, the Commission will conduct these negotiations in continuous coordination with the Council and its preparatory bodies. It will consult and report to the preparatory bodies of the Council in a timely manner, and will provide all the necessary information and documents relating to the negotiations. The Commission will also keep the European Parliament fully informed of the negotiations. For Common Foreign and Security Policy matters, the Commission will furthermore conduct negotiations in agreement with the High Representative of the Union for Foreign Affairs and Security Policy.
Will EU negotiating positions be made public?
Yes, the Commission’s aim will be to ensure full transparency. This is also why the Commission made its recommendation public.
What is the purpose of the High-Level Conference between the EU and the UK in June 2020?
The High-Level Conference in June, as foreseen by the Withdrawal Agreement, aims to take stock of the progress in negotiations. The Commission will also use the Conference to take stock of the state of implementation of the Withdrawal Agreement, in particular when it comes to citizens’ rights and the Protocol on Ireland and Northern Ireland.
Will the future agreement supersede the Protocol on Ireland and Northern Ireland?
Unlike earlier versions, the Protocol on Ireland and Northern Ireland agreed in October 2019 and which is a part of the Withdrawal Agreement is not a “backstop”. It was conceived as a stable and lasting solution. The Protocol will apply alongside any agreement on the future relationship. Nevertheless, it is clear that the terms of the future trading relationship between the EU and the United Kingdom – in terms of the shared ambition to have zero customs duties and quotas between the EU and the United Kingdom – will have some bearing on the practical application of the Protocol.
How to ensure effective implementation of any future agreement?
For the agreement to be correctly implemented and applied, there must be effective governance arrangements with credible enforcement and compliance mechanisms, as of 1 January 2021. Where the future partnership relies on EU law, there must be a role for the European Court of Justice. Only the European Court of Justice can interpret EU law.
What would happen if the United Kingdom were to breach the future agreement?
Many international treaties have rules on how disputes between the parties must be resolved. The future agreement should also have such rules. The typical process is that the parties must first attempt to resolve their differences amicably through a process of ‘consultations’. If those attempts are unsuccessful, the dispute may be brought before an arbitration panel for a binding ruling. If a party continues to infringe the agreement, the other party can take action to safeguard its interests and to urge compliance. In certain situations, there should be a possibility for a party to act quickly to avoid irreparable harm. An important part of the negotiations with the United Kingdom will be about making sure that the rules governing disputes between the parties are clear and effective and that breaches can be remedied quickly.
What will be the role of the European Court of Justice?
The European Court of Justice is the final arbiter when it comes to the interpretation and application of rules of Union law. The future agreement must respect this by making sure that no other court, tribunal or arbitration panel set up by the parties may encroach upon the role of the Court of Justice. The precise role of the European Court of Justice under the future agreement will depend on the content of the future relationship with the United Kingdom.
Will there be sanctions if the UK does not play by the rules?
We are looking at the best possible safeguards to allow for a quick reaction and protection of the EU’s interests. The precise details and scope of the overall governance framework will depend on the content of the future relationship.
How does the European Commission envisage the future economic partnership?
The envisaged partnership should be comprehensive including a free trade agreement, as well as wider sectoral cooperation.. It will be underpinned by robust commitments ensuring a level playing field for open and fair competition, as well as by effective management and supervision, dispute settlement and enforcement arrangements, including appropriate remedies.
What kind of customs cooperation do you foresee?
Within the framework of the EU’s Customs Code, the envisaged partnership should aim at optimising customs procedures, supervision and controls and facilitating legitimate trade by making use of available facilitative arrangements and technologies, while ensuring that customs authorities can take effective measures at the border. .
Customs authorities must be able to take effective measures at the border to enforce legitimate public policies (protection of health and safety of consumers, protecting businesses, for example regarding enforcement of intellectual property rights) and protect financial interests. Therefore, the customs cooperation that we envisage achieves, as is the case with our existing free trade agreements, limited facilitation and in any event cannot be described as going in the direction of frictionless trade. Only membership of the Single Market and the Customs Union can ensure such frictionless trade.
Will a free trade agreement (FTA) allow goods to be exchanged between the UK and the EU as they are today?
Trading under FTA terms, even a so-called “best in class” FTA, will be of a very different nature compared to the free movement of goods enabled by the EU’s Customs Union and Single Market. In an FTA context, rules of origin and customs formalities will apply; all imports will need to comply with the rules of the importing party and will be subject to regulatory checks and controls for safety, health and other public policy purposes.
That being said, the proposal we are ready to table, as the Political Declaration already announced, will be a very ambitious FTA: no tariffs and no quotas across all goods, including agricultural and fisheries products.
This privileged access is conditioned on the existence of robust provisions ensuring a level-playing field, guaranteeing competition between economic operators on both sides. In addition, the access conditions that the Union grants under the free trade area will be guided by the terms on access and quota shares in the fisheries agreement to be established by 1 July 2020. .
Without an FTA in place by the end of the transition period, tariffs and quotas will apply to all trade in goods between the EU and the UK. In this scenario, we must apply what is known as “MFN tariffs” to the UK. Indeed, under the WTO Most Favoured Nation (MFN) principle, benefits given to one trading partner need to be extended to all other WTO members, unless a preferential trade arrangement, such as an FTA, allows this. Therefore, without an FTA in place as of 1 January 2021, economic operators and consumers should not expect privileged treatment when dealing with the UK.
What does “level playing-field” mean?
The EU is ready to offer a high-ambition trade deal, with zero tariffs and zero quotas on all goods entering our single market of 450 million people. However, because of our high levels of economic inter-connectedness, the volume of trade and geographical proximity, the draft negotiating directives also make clear that this offer is conditional on robust level playing field safeguards to prevent unfair competitive advantages the UK could derive from regulatory divergence (via lowering of standards or a “race to the bottom”) or subsidisation of UK operators. In the Political Declaration, the EU and the UK already agreed that they would prevent distortions of trade and unfair competitive advantages. We must now agree on effective assurances to guarantee common high standards and corresponding high standards over time on social, environmental, tax, state aid and competition matters. Union standards in these areas will serve as a point of reference to establish these guarantees. Robust level playing field commitments will entail also the establishment of adequate mechanisms to ensure effective enforcement and monitoring, dispute settlement and the possibility to adopt appropriate remedies, including autonomous measures to react quickly to disruptions of the equal conditions of competition in relevant areas..
What if the UK will not commit to any level playing field guarantees?
We agreed in the Political Declaration that the scope and depth of the future relationship will depend on the level playing field commitments that the UK is willing to undertake. The EU will not agree on an FTA without solid level playing field guarantees and an agreement on fisheries. Our geographic proximity, volume of trade and economic interconnectedness are such that it is in our mutual interest to agree on fair competition standards between us, as well as on their effective enforcement. Given the current very close integration of British companies with the Single Market and the UK’s desire for a comprehensive free trade agreement, it is only fair that the EU requires commensurately strong level playing field guarantees. This will also be in the interest of British consumers and businesses. The EU is by far the greatest export market for UK businesses and most UK imports come from the EU.
Will sanitary and phytosanitary requirements (SPS) change?
There will be no changes to the Union’s food safety standards. Union law, including systematic controls, will fully apply to imported food, animals and plants without exceptions or equivalency. High-level SPS standards will be safeguarded. As in existing FTAs, relations will be built on and will go beyond existing multilateral instruments [World Trade Organization (WTO), Codex Alimentarius, International Plant Protection Convention (IPPO) and World Organisation for Animal Health (OIE)] recommendation and requirements. Co-operation should be ensured in combating antimicrobial resistance as well as protecting animal welfare and ensuring sustainable food systems.
Will the EU allow for mutual recognition of rules and standards?
By choosing to leave the Single Market, the UK has opted to have the status of a third country regarding EU law. The EU and UK will therefore form separate markets and distinct legal orders, after the end of the transition period. The future relationship will therefore result in a lower level of integration than is the case today. The future economic partnership on goods will seek to facilitate trade as far as possible but this cannot be expected to replicate the same frictionless conditions of trade that exist between EU Member States. Such conditions are based on adherence, by Member States, to a full ‘ecosystem’ of rules, including the Treaties, and their supervision and enforcement, including the jurisdictional system under the Court of Justice of the EU. Mutual recognition can only be granted between participants to that ecosystem.
What can be achieved on services in the context of an FTA?
We can aim at a level of liberalisation of trade in services beyond the baseline provided by our existing WTO GATS commitments, similarly to the approach in our most recent FTAs. As required under GATS rules, the FTA would need to cover most services sectors, such as telecommunication services or business services to name a few. But, as in any FTA negotiated by the EU, there will be exceptions. For example, the EU proposes to exclude audiovisual services from the scope of the Agreement.. It is also important to recall that, under its FTAs, the EU maintains its right to regulate its own markets and its full regulatory autonomy. We will be particularly attentive to include provisions that preserve the EU’s public servicesThis preservation of our right to regulate will be paramount in all sectors, and a good illustration is financial services. Indeed, in that area, the key instruments the EU and the UK will use in this area are their respective unilateral equivalence frameworks, as laid down in their legislation. The FTA will cover financial services, but it will not go beyond what the EU offers in its FTAs with other third countries. It will also contain the prudential carve-out.
Finally, it should be recalled that while free trade agreements’ provisions are important in the area of services, a number of other rules impact trade in services. Some of them imply unilateral decisions such as EU regimes on data protection and financial services regulation and supervision. The EU intends to assess the UK for adequacy on data protection and equivalence on financial services. That is what we have agreed in the Political Declaration. Decisions should be reciprocal. Services are also closely linked to the free movement of people (professionals such as lawyers, consultants, accountants etc.), which the UK explicitly intends to stop post-Brexit. Those elements should be taken into account too when assessing priorities for the coming negotiations.
Will audiovisual services and public services be covered?
The EU always excludes certain services (e.g. audiovisual, public services) from its FTAs and considers carefully any commitments made in the other sectors. The EU also needs to consider the Most Favoured Nation commitment it has taken that would extend the benefits of the agreement with the UK to other FTA partners such as Canada, Japan and Korea.
What about roaming?
The provisions on roaming-like-at-home will stop applying in respect of the UK. When traveling to the UK, the situation will be similar to that of travelling to Switzerland: roaming changes may apply. Telecoms operators have obligations to be transparent as to the tariffs they charge.
What do you foresee on digital trade?
The objective is to facilitate digital trade, such as e-commerce, while respecting consumer rights and personal data protection rights. This is something that the EU has been doing in its FTAs for long time.
Will financial services be covered by the FTA?
Yes, we usually cover financial services in EU FTAs. The standard approach is to have limited market access commitments, notably on cross-border supply of financial services. In addition, even where there is market access the EU will continue to apply its host state-rules to incoming providers. Finally, like in all FTAs we will have a prudential carve-out that allows to Union to adopt any measure for prudential reasons.
The EU’s equivalence regimes are the instruments that the EU will use to regulate interactions with the UK in the financial services area. The EU’s equivalence frameworks only provide for the possibility to give market access in a few cases. They do not cover all financial services. The granting (or not granting) of equivalence is a unilateral measure by the EU. Equivalence can be withdrawn at any time. Decisions should be reciprocal.
What are you proposing on geographical indications, and how does that differ from the Withdrawal Agreement?
All EU geographical indications registered on 31.12.2020 (the “stock”) will be protected in the United Kingdom as a result of the Withdrawal Agreement. However, beyond this, the future FTA should provide a framework to ensure the protection of newly registered geographical indications at the same level as that guaranteed by the Withdrawal Agreement.
What are you proposing on public procurement?
We aim at securing procurement opportunities on top of those guaranteed by the UK’s accession to the WTO Government Procurement Agreement (the UK is in the process of acceding to that agreement).
Mobility: will EU and UK citizens still be able to move freely?
The UK has decided to end the free movement of persons and has limited ambition for specific arrangements with the EU on the mobility of persons.
This does not mean that mobility will stop. Today, citizens move from one country to another to live, work, study and carry out research. However, after the end of the transition period, mobility to and from the UK will be different and will happen under different rules than before when free movement rules applied. What exactly those rules will be depends on the outcome of the negotiations but our objective is to ensure reciprocity and no discrimination between EU nationals.
How about short-term trips by EU citizens to the UK and by UK nationals to the EU?
After the end of the transition period, the EU will not require visas for short stays (less than 90 days in 180 days) for UK nationals independently of the purpose of the trip (except in case of paid work), so short-term tourists, students, journalists, trainees, etc. from the UK will be able to come visa free.
This arrangement is dependent on the UK also granting full visa reciprocity to the nationals of all EU Member States travelling to the UK.
Will there be different entry checks on UK nationals when entering the EU?
Yes, UK nationals will be treated as third-country nationals as of the end of the transition period. There is no legal alternative under the Schengen acquis. This means that the entry conditions for third-country nationals and the procedures applicable to the crossing of the EU external borders will also apply to UK nationals, as will the relevant provisions of the Union Customs Code and directives relating to VAT.
Concretely, this means that: UK nationals will no longer be able to use the designated lanes at Border Crossing Points (EU, EEA, CH); their passports will be subject to stamping upon entry and exit from the Schengen Area; they will be subject to checks including checks against databases upon entry and exit; they will be subject to the EU’s Entry/Exit-System (EES) and the European Travel Information and Authorisation System (ETIAS) when these systems will be deployed in the future.
The entry checks on UK nationals will include verification of the possession of a valid travel document for crossing the border; the duration of the stay; the purpose (e.g. tourism or work) and the conditions of the intended stay (e.g. accommodation, internal travels); the existence of sufficient means of subsistence (i.e. having sufficient means to pay for the intended stay and return travel).
How about the possibility of EU citizens to move to the UK and UK nationals to the EU for longer terms (longer than 90 days)?
After the end of the transition period, mobility to and from the UK will be different and will happen under different rules than before when EU free movement rules applied. What exactly those rules will be depends on the outcome of the negotiations.
Nevertheless, even in the absence of specific provisions, the default rules of the EU and the UK would cover the entry and stay for different purposes. On the EU side, national rules and the EU’s legal migration acquis for long stays sets out the conditions of entry and stay in the EU for categories such as students, researchers, some types of workers, family members, long-term residents, au pairs, volunteers etc. These rules apply in the same way to citizens of all third countries, including the UK when it becomes a third country. For stays of less than 90 days in a 180-day period, the Schengen acquis applies. On the UK side, its national migration regime would apply.
What do you foresee on mobility of citizens within the FTA?
As regards mobility, FTAs only deal with the entry and temporary stay of natural persons for business purposes in defined areas. However, host State rules continue to apply as regards conditions for entry and stay, access to labour market and working conditions.
What do you foresee on social security coordination?
In order to facilitate the future mobility of persons, appropriate social security coordination will also need to be agreed. The scope of social security coordination rules in the future relations with the UK should cover the possible mobility of UK and Union citizens in a situation where there will not be free movements of persons anymore. . The social security coordination should be based on non-discrimination between EU Member States and full reciprocity.
It is noted that one of the stated objectives of Brexit was to stop the free movement of citizens. This means that in any event, the situation on citizens’ mobility after 1 January 2021 will be very different compared to today.
Will smooth transport links still be ensured?
In the future relationship, the EU will aim to ensure a continued flow of goods and persons between the UK and the EU, but the UK, as a third country, does not have the same rights as a Member State.
The situation is very different depending on the mode of transport: Ensuring connectivity for air traffic and road haulage will require an agreement, e.g. on market access. Without an agreement, there is no fall-back to allow traffic to continue.
What kind of an air transport agreement do you foresee?
In terms of air transport, UK operators currently benefit from full market access in the EU: a UK airline can offer air services within the EU without restrictions. Without an EU-UK partnership in aviation, and in absence of unilateral contingency measures, no flight would take place between the UK and the EU as the WTO does not offer any fall-back for air services.
We are aiming for an aviation relationship that allows for continued connectivity and ensures a high level of aviation safety and security standards, air traffic management, and sector specific level playing field provisions to allow for open and fair competition, including appropriate and relevant consumer protection requirements and social standards.
What do you foresee on road transport?
In the area of road transport, we are aiming for a system of open market access allowing journeys between the UK and the EU, while preserving the integrity of the internal market for road haulage services. We also need to ensure sector specific level playing field provisions, in particular as regards the rules that affect our operators, our drivers and our vehicles.
Will you need an agreement on energy?
The negotiating directives foresee cooperation in the area of energy. An important pre-condition for cooperation in this area is to ensure we have robust level playing field requirements. In particular carbon pricing (Emission Trading System – ETS) and provisions on State aid are both a pre-condition for future cooperation on energy.
In the area of electricity and gas, there is no precedent for this type of arrangement.
As regards Euratom issues, the EU has experience regarding Nuclear Cooperation Agreements with other third countries.
What about climate change?
In the introductory paragraphs of the negotiating directives, five binding political clauses underpinning the all-encompassing relationships between the EU and third countries are highlighted, namely: the respect for and safeguarding of human rights, democracy and the rule of law; support for non-proliferation of weapons of mass destruction; the fight against terrorism; prosecution of those accused of the most serious crimes of concern to the international community; small arms and light weapons. The fight against climate change has been added as an essential element of the envisaged partnership.
Will the UK continue to participate in the ETS system?
In line with the Political Declaration, the negotiating directives foresee the possibility of a so-called linking agreement by which the EU and the UK could link their respective emission trading systems.
Will EU fishermen continue to have access to UK waters?
Access to each other’s waters will be negotiated as part of the provisions on fisheries, which should provide for continued reciprocal access, in line with the objectives set out in the March 2018 European Council Guidelines.
Will the EU impose tariffs on UK fisheries products?
The envisaged partnership should include, in its economic part, provisions on fisheries setting out a framework for the management of shared fish stocks, as well as the conditions on access to waters and resources. The intention is to have fully liberalised market access across all goods, i.e. no tariffs and no quotas, which will be guided by the agreement on fisheries.
What happens if there is no agreement on fisheries by July 2020?
The Political Declaration includes a joint commitment on best endeavours to reach an agreement on fisheries by 1 July 2020. The time to negotiate such an agreement will be very short (four months), but it is in our mutual interest to conclude the fisheries agreement in due time, so it can be implemented as of 1 January 2021 in view of ensuring sustainable fisheries management.
Union programmes: will the UK still get grants and subsidies from the EU? Will they contribute to the EU budget?
As set out in the Withdrawal Agreement, UK beneficiaries will continue to benefit from programmes under the Multi-annual framework for 2014-2020, even where this continues after the end of the transition period.
The UK will be treated as a third country for the purposes of the next Multiannual Financial Framework (MFF) 2021-2027. If the UK requests participation in some areas, the EU could consider participation in accordance with the MFF rules for third country participation.
What about Erasmus?
Activities under the current Erasmus+ (2014-2020) programme are covered by the Withdrawal Agreement, and will continue without interruption until their closure. For the future Erasmus programme, under the next Multiannual Financial Framework (2021-2027) it will depend on the possible participation of the UK in Union programmes.
Will the United Kingdom be able to continue to participate in EU regulatory agencies as a third country?
No. These agencies have been set up to support the EU and its Member States to develop and implement EU rules. A third country leaving these rules, and their supervision, can no longer participate in these agencies..
Will our data still be safe if transferred to the UK and processed there?
In view of the importance of data flows, the envisaged partnership should be underpinned by a high level of personal data protection. The adoption by the Union of adequacy decisions, if the applicable conditions are met, should be an enabling factor for cooperation and personal data flow, in particular in the area of law enforcement and judicial cooperation in criminal matters. The Commission endeavours to adopt such decisions by the end of 2020, if applicable conditions are met.
Would the UK still be able to use the European Arrest Warrant? How would criminals be extradited between the EU and the UK?
The European Arrest Warrant is an internal EU instrument, used exclusively among Member States. Therefore, it will no longer be used with the UK.
The draft negotiating directives propose new and effective arrangements between the United Kingdom and EU Member States to render criminals swiftly to justice. This would be an ambitious scheme, based on streamlined procedures and strict deadlines, subject to judicial control. It would be conditional upon robust safeguards on fundamental rights and the role of Court of Justice.
At the same time, it will offer flexibility to each Member State and to the United Kingdom to decide how far they wish to go in common relations. It will help, for example, to address constitutional constraints related to extradition of own nationals in some Member States and allow for the possibility to ask for additional guarantees in particular cases.
Why do you have reference to “UK continuous commitment” to the European Convention on Human Rights? Why would cooperation cease if the UK leaves the Convention?
The draft negotiating directives propose close relations with the UK on law enforcement and judicial cooperation in criminal matters. It would cover, amongst other things, ambitious extradition or exchange of sensitive information that may impact human lives or rights (e.g. deprivation of liberty). Such relations require a high degree of confidence that the human rights concerned will be upheld. We need a common understanding on how we protect those rights. Within the Union we have the Charter of Fundamental Rights. This is a part of our Treaties. With regard to the UK, the negotiating directives propose a strong commitment to respect the European Convention on Human Rights (ECHR), a common pan-European instrument applied for over 70 years by the United Kingdom and other countries across Europe. Commitment to ECHR is also set out in the Good Friday (Belfast) Agreement.
Will Passenger Name Records (PNR) continue to be exchanged to prevent, detect and investigate terrorism and other forms of serious crime?
The negotiating directives foresee that arrangements should be established for timely, effective, efficient and reciprocal exchanges of Passenger Name Records (PNR). This means that arrangements need to be made for two situations: first, for exchanges between EU27 Member States’ and UK Passenger Information Units and, second, for transfers of PNR data by air carriers to the UK authorities for flights between the United Kingdom and EU27 Member States. There are examples of cooperation with third countries on PNR transfers: the EU has PNR agreements with the USA and Australia; there is a draft negotiated text with Canada and a mandate for negotiations with Japan. An essential precondition for any such arrangements is that the UK applies data protection standards essentially equivalent to those set out in the EU’s standards, i.e. the GDPR and Law Enforcement Directives, and complies with specific additional data protection standards stemming from the CJEU opinion on EU-Canada PNR agreement (opinion 1/15).
Will DNA, fingerprints and vehicle registration data be exchanged between the UK and EU for law enforcement purposes? (Prüm)
The negotiating directives provide that arrangements should be established for timely, effective, efficient and reciprocal exchanges of data on DNA, fingerprints and vehicle registration (so- called ‘Prüm data’). However, there will be no direct access to such sensitive personal data but only through a decentralised system based on a “hit/no hit” model. After a “hit”, i.e. a confirmation that something is available, this needs to be followed up by a request to receive this data from the Member State concerned.
The EU currently has concluded Prüm-agreements with Schengen Associated Countries (Iceland, Norway, Switzerland and Liechtenstein), but the model is open to third countries outside Schengen.
Essential preconditions for any such arrangements are that the UK applies data protection standards essentially equivalent to those set out in the EU’s Law Enforcement Directive standards, and provides reciprocal access to EU Member States of data available at UK national level in the same way as EU27 Member States do.
Will the UK keep access to the Schengen Information System (SIS)?
Non-Schengen third countries do not have access to SIS. SIS is a measure that contributes to security within the EU, in which there are no internal borders. It is intrinsically linked to the free movement of persons. The Court of Justice has consistently defended the coherence of the Schengen acquis.
We need to set up new effective ways of data sharing on wanted and missing persons and objects, while taking into account the UK’s future status. This would be achieved through alternatives for simplified, efficient and effective exchanges of existing information and intelligence between the United Kingdom and Member States law enforcement authorities, in so far as is technically and legally possible, and considered necessary and in the Union’s interest..
What would the UK role in Europol be?
The negotiating directives provide for cooperation between Europol and the United Kingdom law enforcement authorities. This will be done in line with the rules for third countries established in EU legislation.
In practice, this means that the UK would be able to:
-share any relevant data, initiate new cases, use common secure communication channel – as it is the case now;
-participate in all Europol analysis projects where Europol, Member States and other partners cooperate on ongoing live-investigations, if Member States participating in such analysis projects agree; and
-take part in common operations, get analytical support from Europol, keep its Liaison Officers at Europol and be informed about relevant data concerning the UK. However, it would not get access to the Europol Information System or have any role in governance of the EU agency.
The negotiating directives propose an ambitious law enforcement and judicial cooperation in criminal matters, guaranteeing at the same time security and fundamental rights of our citizens. Cooperation will, however, be different from what we have today. This is a logical consequence of the UK’s decision to withdraw from the EU. The UK will leave the common rules-based system underpinned by shared principles, common obligations and enforcement.
Will the EU and the UK continue to cooperate on sanctions?
EU sanctions will continue to be driven solely by EU interests. However, cooperation is important to maximise the impact of our sanctions. We should cooperate with the UK the same way we cooperate with other like-minded third countries.
Will UK participation in EU missions and operations have to stop?
The UK will be invited to participate by the Union in its missions and operations on a case-by-case basis (no standing invitation), following the existing rules and preserving the independence of the Union’s decision-making process.
Will you continue to cooperate in third countries on development cooperation?
The EU will maintain its autonomy and strategic programming of development priorities. The EU and the UK will continue to cooperate on the ground to maximise the impact of development cooperation. The UK will be able to make use of existing mechanisms for third countries’ participation, including with regard to any proposals for development cooperation instruments.
The EU’s Response to COVID-19
The European Commission is working on all fronts to support efforts to tackle the COVID-19 outbreak. This includes ongoing coordination with Member States to share information, assess needs and ensure a coherent EU-wide response. The Commission is also funding research, offering support through the EU Civil Protection Mechanism and supporting China with emergency medical supplies to tackle the outbreak at its source.
What has the Commission been doing since the outbreak of COVID-19 was reported in China?
1) At EU level, under the Cross-border Health Threat Decision, the Commission coordinates with Member States through three key mechanisms:
- The Early Warning and Response System
- The Health Security Committee
- The Health Security Committee’s Communicators’ network.
These tools support cooperation, rapid exchange of information, swift monitoring and coordination of preparedness and response measures to COVID-19.
2) The Commission, with support from relevant EU agencies, in particular the European Centre for Disease Prevention and Control (ECDC), the European Medicines Agency (EMA) and the European Union Aviation Safety Agency (EASA), is providing technical guidance related to: risk assessments; case definition for diagnosis and aligned reporting of suspected and confirmed cases; infection prevention and control in health care settings; advice for travellers; updated information on therapeutics and vaccines; contact tracing on aircrafts; management of points of entry and aviation sector recommendations.
Moreover, Member States’ Joint Action Healthy Gateways, funded by the EU, is providing guidance and training on points of entry measures, as well as another Joint Action, SHARP (strengthened international health regulations and preparedness in the EU) on laboratory preparedness.
3) The Commission has been coordinating the delivery of assistance to China as well as financing the transport costs of EU Member States’ repatriation flights.
4) To boost global preparedness, prevention and containment of the virus, new funding worth €232 million will be allocated to different sectors, namely:
– €114 million will support the World Health Organization (WHO), in particular the global preparedness and response global plan. This intends to boost public health emergency preparedness and response work in countries with weak health systems and limited resilience. Part of this funding is subject to the agreement of the EU budgetary authorities.
– €15 million are planned to be allocated in Africa, including to the Institute Pasteur Dakar, Senegal to support measures such as rapid diagnosis and epidemiological surveillance.
– €100 million, out of which up to €90 million Public Private Partnership with the pharmaceutical industry and 10 million for research on epidemiology, diagnostics, therapeutics and clinical management in containment and prevention. *
– €3 million allocated to the EU Civil Protection Mechanism for repatriation flights of EU citizens from Wuhan, China.
Is the EU prepared and equipped to contain the spread of COVID-19?
Member States continuously inform the Commission and share information regarding their levels of preparedness.
According to the information provided by the national authorities, there is a strong overall level of preparedness with countries having response measures in place to provide treatment for the cases in the EU and to mitigate any further transmission within and into the EU.
On 13 February, an extraordinary EPSCO Health Council brought together all Member States at a political level to discuss and coordinate measures to limit the spread of the COVID-19 outbreak and further preparedness measures to be considered for the future.
In response to the Council Conclusions of this meeting, the key actions on which the Commission is in the process of following up include continued risk assessment and guidance on travel advice; increased preparedness should the outbreak escalate to the next phase; and activation of existing funding mechanisms to support Member States on preparedness and response to the COVID-19. Other key actions include examining joint procurement for potential needs of protective equipment and strengthened support to the Health Security Committee in providing aligned information across the EU on the virus, detection, use of equipment, etc.
How is the Commission supporting the repatriation of EU nationals from China?
The European Commission has a 24/7 Emergency Response Coordination Centre that is coordinating repatriation flights with EU Member States.
The Commission provides funding to EU Member States to cover up to 75% of the transport costs of these repatriation flights via the EU Civil Protection Mechanism.
The EU Civil Protection Mechanism has facilitated the repatriation of 447 EU citizens from Wuhan, China. In late January, two French aircraft brought back 346 EU citizens, while Germany also conducted one repatriation flight, which brought back 101 EU citizens.
A third repatriation flight was organised by France, repatriating more than 70 EU citizens who were still in Wuhan.
The EU Civil Protection Mechanism also co-financed the last leg from London to the respective Member States of 95 EU citizens brought back on a UK repatriation flight.
Also under the EU Civil Protection Mechanism, Italy sent two planes for the repatriation of EU citizens quarantined on the Diamond Princess cruise that had been docked in Yokohama, Japan, since early February.
What is the EU doing to support China?
The European Commission coordinates the delivery of emergency medical supplies to China through the EU Civil Protection Mechanism.
As of 21 February, over 30.5 tonnes of personal protective equipment to China has been provided by France, Germany, Italy, Latvia and Estonia. The transport costs were co-financed by the EU Civil Protection Mechanism.
- The first 12 tonnes came as an immediate first offer of assistance, via the first repatriation flights from France and Germany in late January.
- On 14 February, Italy sent 1.5 tonnes of protective overalls and masks to the Chinese Red Cross in Beijing.
- On 19 February, France sent a plane to Wuhan with a 20-tonne cargo of surgical masks, gloves, thermometers and disinfectant, which also included material from Latvia and Estonia.
- On 23 February, an Austrian aircraft departed from Vienna with protective equipment which included masks, gloves, protective clothing and disinfectant.
The Commission stands ready to provide any further assistance to China.
The European Emergency Response Coordination Centre continues to reach out to Member States to map potential contributions of personal protective equipment that will be delivered to China in the near future.
How is the public health risk in Europe evaluated as regards COVID-19?
The European Centre for Disease Prevention and Control (ECDC) is monitoring the outbreak through epidemic intelligence activities, and provides risk assessments to guide EU Member States and the European Commission in their response activities. The ECDC is in continuous contact with the European Commission, the public health authorities in the EU Member States, China and other countries and the World Health Organization for the assessment of this outbreak. ECDC also publishes daily summaries and risk assessments for EU citizens.
What EU-funded research is ongoing on COVID-19?
On 31 January, the Commission launched a request for expressions of interest for research proposals on the novel coronavirus. A budget of €10 million is made available for research that will improve clinical care of patients infected with the virus, as well as the overall public health response. The Innovative Medicines Initiative (IMI) announced its plan for a fast-track call for proposals on the novel coronavirus to be launched in early March.
In addition, the EU already funds several ongoing research projects that have reoriented their focus to address the COVID-19 outbreak. For example, the PREPARE project ensures research preparedness of clinical treatment sites and the use of harmonised research protocols across Europe through their network of 3,000 hospitals and 900 laboratories in 42 countries. Another EU-funded project, the European Virus Archive GLOBAL (EVAg) has already made available more than 1,000 kits that support the diagnosis of the novel coronavirus, to 79 countries worldwide.
The Commission coordinates with the World Health Organization and other research funders to ensure that research gaps are covered. This happens mainly through the “Global research collaboration for infectious disease preparedness” (GloPID-R) network, the secretariat of which is EU funded. A global research and innovation forum was organised by the World Health Organization and GloPID-R on 11-12 February, to identify research priorities across 10 different thematic areas.
Are food products imported from China safe?
There has been no report of transmission of COVID-19 via food. Therefore, there is no evidence that food items imported into the European Union in accordance with the applicable animal and public health regulations governing imports from China pose a risk for the health of EU citizens in relation to COVID-19.
Moreover, due to the animal health situation in China, only a few products of animal origin are authorised for import into the EU from China, on the condition that they meet strict health requirements and have been subjected to controls.
Is there a vaccine available?
The Commission, with relevant EU agencies, is actively engaged in the arena of therapeutics and vaccine developments. At this stage, the Commission is focusing its funding efforts on research with a timely impact on the current public health emergency due to COVID-19, including on the development of diagnostics and therapeutics. This is in line with the Commission’s emergency research funding of €10 million that was made available at the early stages of the outbreak. Vaccine development is addressed through CEPI (the Coalition for Epidemic Preparedness Innovation), an initiative the Commission contributes to.
What is COVID-19?
COVID-19, previously named 2019-nCoV, was identified in China at the end of 2019 and is a new strain of coronavirus that has not been previously known in humans.
Where do Coronaviruses come from?
Coronaviruses are viruses that circulate among animals but some of them are also known to affect humans. After they have infected humans, transmission can continue between humans.
A wide range of animals is known to be the source of coronaviruses. For instance, the Middle East respiratory syndrome coronavirus (MERS-CoV) originated from camels and the Severe Acute Respiratory Syndrome (SARS) originated from civet cats.
What is the mode of transmission? How (easily) does it spread?
While animals are the source of the virus, COVID-19 is now spreading from one person to another (human-to-human transmission). There is currently not enough epidemiological information to determine how easily and sustainably this virus is spreading between people. It seems to be transmitted mainly via respiratory droplets that people sneeze, cough or exhale. The incubation period for COVID-19 (i.e. the time between exposure to the virus and the onset of symptoms) is currently estimated at five to six days, ranging up to 14 days.
While it is known that the virus can be transmitted when an infected individual has symptoms, there are still uncertainties regarding whether mild or asymptomatic cases can transmit the virus. If people with COVID-19 are tested and diagnosed in a timely manner and rigorous infection control measures are applied, the likelihood of sustained human-to-human transmission in community settings in the EU/EEA is low. Systematic implementation of infection prevention and control measures were effective in controlling SARS-CoV and MERS-CoV.
What are the symptoms of COVID-19?
From what we know so far, the virus can cause mild, flu-like symptoms such as
- difficulty breathing
- pain in the muscles and
More serious cases develop severe pneumonia, acute respiratory distress syndrome, sepsis and septic shock that can lead to the death of the patient. People with existing chronic conditions seem to be more vulnerable to severe illness.
Is there a treatment for the disease caused by COVID-19?
There is no specific treatment for this disease so the approach used to treat patients with coronavirus-related infections is to treat the clinical symptoms (e.g. fever). Supportive care (e.g. supportive therapy and monitoring, oxygen therapy, fluid management and antivirals) can be highly effective for those infected.
Is there a vaccine against COVID-19?
There are currently no vaccines against coronaviruses, including COVID-19. That is why it is very important to prevent infection or contain the further spread after an infection.
Shaping Europe’s digital future: What you need to know
The EU is pursuing a digital strategy that builds on our successful history of technology, innovation and ingenuity, vested in European values, and projecting them onto the international stage. The White Paper on Artificial Intelligence (AI) and the European data strategy presented today show that Europe can set global standards on technological development while putting people first.
Europe as the global leader of the digital transformation
Digital technologies considerably improve our lives, from better access to knowledge and content to how we do business, communicate or buy goods and services. The EU must ensure that the digital transformation works for the benefit of all people, not just a few. Citizens should have the opportunity to flourish, choose freely, engage in society and at the same time feel safe online. Businesses should benefit from a framework that allows them to start up, scale up, pool data, innovate and compete with large companies on fair terms. Society should benefit from social and environmental sustainability, and a secure digital environment that respects privacy, dignity, integrity and other rights in full transparency.
What does the strategy say?
Over the next five years, the Commission will focus on three key objectives to promote technological solutions that will help Europe pursue its own way towards a digital transformation that works for the benefit of people and respects our fundamental values:
- Technology that works for people;
- A fair and competitive economy; and
- An open, democratic and sustainable society.
The EU’s digital strategy indicates the path that Europe needs to take to pursue its own way: a digital Europe that reflects the best of Europe. And it defines an ambitious approach towards digital technological development, as well as how technology will be used to meet our climate-neutrality objectives.
The White Paper on Artificial Intelligence and the European data strategy are the first pillars of the new digital strategy of the Commission. They are fully aligned with the need to put people first in developing technology, as well as with the need to defend and promote European values and rights in how we design, make and deploy technology in the real economy and how we improve the services of the public sector towards the citizens.
How will the EU fund the proposals on AI and data?
The required investments will be channelled from the Digital Europe programme (DEP), the Connecting Europe Facility 2 and Horizon Europe. For Horizon Europe, the Commission proposed to invest €15 billion in the ‘Digital, Industry and Space’ cluster, with AI as a key activity to be supported. As part of DEP, the European Commission proposed to invest almost €2.5 billion in deploying data platforms and AI applications. Out of these, €2 billion euros could be invested into a European High Impact project on European data spaces, including trustworthy and energy efficient data sharing and cloud infrastructures.The DEP will also support national authorities in making high value data sets available for re-use in different common data spaces.
How can technology support the European Green Deal?
Digital technologies are a critical enabler for the Green Deal, the EU’s new growth strategy to become the world’s first climate-neutral continent by 2050. For example, they can increase energy efficiency by tracking when and where electricity is most needed. Smart heating could help us save the equivalent of 6 million tonnes of oil, and farmers will be able to use fewer pesticides and fertilisers thanks to data and AI. However, for digitalisation to deliver its benefits, the ICT sector needs to undergo its own green transformation. Data centres and telecommunications need to become more energy efficient, use more renewable sources and should become climate neutral by 2030.
How does Europe work for an open global digital economy and society?
The Commission can leverage regulatory power, stronger economic and technological capabilities, diplomatic strengths and external financial instruments to advance the European approach and shape the global frameworks. This is the case for work done under association agreements and trade agreements. Europe must now lead the standardisation process of the new generation of technology, i.e. on blockchain, high-performance and quantum computing, AI and tools for data sharing and usage. The European Union is and will remain the most open region for trade and investment in the world, but this is not unconditional. Everyone can access the European market as long as they accept and respect our rules. The Commission will continue to address unjustified restrictions for European companies in third countries, such as data localisation requirements, and pursue ambitious goals in terms of markets access, research and development and standardisation programmes.
Europe as a leader in human-centric Artificial Intelligence
Why does the Commission present a White Paper on Artificial Intelligence?
The White Paper on Artificial Intelligence sets out the Commission’s proposals to promote the development of AI in Europe whilst ensuring respect of fundamental rights. AI is developing fast, which is why Europe needs to maintain and increase its level of investment. At the same time, AI entails a number of potential risks that need to be addressed. The White Paper sets out options to maximise the benefits and address the challenges of AI, and invites comments on these options by stakeholders.
What is the Commission’s approach on Artificial Intelligence?
In the White Paper, the Commission is taking a balanced approach, based on excellence and trust.
To achieve an ecosystem of excellence, the Commission proposes to streamline research, foster collaboration between Member States and increase investment into AI development and deployment. These actions build on the Coordinated Plan on AI with Member States of December 2018.
To achieve an ecosystem of trust, the Commission presents options on creating a legal framework that addresses the risks for fundamental rights and safety. This builds on the work of the High-Level Expert Group on artificial intelligence, in particular the Ethics Guidelines for Trustworthy AI, which were tested by companies in late 2019. A legal framework should be principles-based and focus on high-risk AI systems in order to avoid unnecessary burden for companies to innovate.
How will the EU ensure compliance with fundamental rights?
A human-centric approach means ensuring that AI systems are developed and used in a way that respects EU law and fundamental rights. For example, biases in algorithms or training data used for recruitment AI systems could lead to unjust and discriminatory outcomes, which would be illegal under EU non-discrimination laws. It is important to prevent breaches of fundamental rights and if they occur, to ensure that those breaches can be addressed by national authorities. High-risk AI systems need to be certified, tested and controlled, as cars, cosmetics, and toys are. For other AI systems, the Commission proposes voluntary labelling in case defined standards are respected. All AI systems and algorithms are welcome in the European market as long as they comply with EU rules.
What is facial recognition?
Facial recognition can take different forms. It can be used for user authentication i.e. to unlock a smartphone or for verification/ authentication at border crossings to check a person’s identity against his/her travel documents (one-to-one matching). Facial recognition could also be used for remote biometric identification, where an image of a person is checked against a database (one-to-many matching). This is the most intrusive form of facial recognition and in principle prohibited in the EU.
Will the EU regulate facial recognition for remote identification?
The gathering and use of biometric data for remote identification purposes carries specific risks for fundamental rights. EU data protection rules already prohibit in principle the processing of biometric data for the purpose of uniquely identifying a natural person, except under specific conditions. Specifically, remote biometric identification can only take place for reasons of substantial public interest. It must be based on EU or national law, the use has to be duly justified, proportionate and subject to adequate safeguards. Hence, allowing facial recognition is currently the exception. With the AI White Paper, the Commission wants to launch a broad debate on which circumstances might justify exceptions in the future, if any.
What about victims or damage caused by AI?
There is no need to completely re-write liability rules at EU or national level. The Commission is inviting opinions on how best to ensure that safety remains at a high standard and that potential victims do not face more difficulties to get compensation compared to victims of traditional products and services.
A secure and dynamic single market for data
Why does the EU need a data strategy?
Data is the basis of different waves of innovation. The way that we organise data access and reuse will determine our future innovation capacity. While currently a small number of big tech firms hold a large part of the world’s data, huge opportunities lie ahead for Europe. Rapidly increasing amounts of data will be generated in the next years and storage shifts from the cloud to the edge. The EU can build on a strong legal framework in data protection, fundamental rights, safety and cyber-security; its internal market; and a large degree of interconnection in public services.
Citizens, businesses and organisations should be empowered to make better decisions based on insights gleaned from non-personal data. That data should be available to all, whether public or private, start-up or giant.
TheEuropean data strategy presented today aims to enhance the use of data, which will bring enormous benefits to citizens and businesses. It will enable the development of new products and services and will lead to productivity gains and resource efficiency for businesses and better services provided by the public sector. It can for example help develop personalised medicine for patients, improve mobility for commuters or contribute to Europe becoming the first climate neutral continent by 2050.
What is the aim of the data strategy?
The aim of the strategy is to create a genuine single market for data, where personal and non-personal data, including confidential and sensitive data, are secure and where businesses and the public sector have easy access to huge amounts of high quality data to create and innovate. It will be a space where all data-driven products and services fully respect EU rules and values. This will ensure Europe’s technological sovereignty in a globalised world and unlock the enormous potential of new technologies like AI.
How does the data strategy relate to the General Data Protection Regulation?
Every day, people generate ever-increasing amounts of data through their daily activities. Its collection and reuse need to respect the rights and interests of the people first, in line with European values and rules. With the General Data Protection Regulation (GDPR), the EU has laid down a solid basis for a human-centric data economy by ensuring that individuals remain in full control of their data. This has made the EU a source of inspiration for the protection of privacy in many countries worldwide.
At the same time, individuals could benefit from technical tools and standards that make the exercise of their rights, in particular their right to data portability, simple and easy. This would also enable novel data flows, protect consumers and foster competition.
The data strategy presented today will empower people to have a stronger say on who can access the data they generate, including personal IoT data, and how it is used through personal data spaces. This could, for example, be supported by having stricter requirements on interfaces for real-time data access or by guaranteeing the neutrality of personal data spaces.
How can even more data be made available for reuse?
The legislative framework proposed in the data strategy would reinforce essential data governance structures and mechanisms in Member States and at the EU level to make more data available for reuse, with full respect of the data protection legislation.
This would help to prioritise standards and a more harmonised datasets to foster data interoperability within and across sectors; facilitate the access to and reuse of sensitive data such as health or social data for scientific research purposes (including for AI), in compliance with data protection legislation; help people make their data available for the common good for researchers to innovate for the benefit of society.
How will data be used in a way that benefits EU citizens?
Data can give insights that help combat emergencies, such as floods and wildfires, make our cities greener and cleaner, help people live longer and healthier lives. The existing Open Data Directive already makes vast amounts of data available for reuse for the benefit of society. Business-to-government data sharing can be a game-changer for providing general welfare in the EU.
The strategy on data intends to make more privately and publicly held data available by opening up public sector datasets of high commercial and societal value, such as environmental data and earth observation data; facilitating the use of publicly held sensitive data for scientific research and for the common good; exploring the creation of EU-wide legislation on the use of private sector data by the public sector for the common good.
How will the European data strategy help businesses?
Access to data is crucial to ensure competition and to create new business opportunities for smaller and larger firms. Companies need common standards and clear rules on how data transfers should take place. This also requires investments in new technologies and infrastructures so that data is the basis of future innovative products, services and improved efficiency.
Businesses should also be free to decide to whom and under what conditions access can be granted to their non-personal data. The Commission already started to address this problem with non-binding guidelines on businesses-to-business data sharing, which aimed to create fair and open markets for IoT-generated data.
Finally, the Commission envisages to propose a ‘Data Act’ to look at different types of data sharing scenarios and ways to empower individuals so that they become more involved in the data economy.
How can data contribute to the common good?
Data can give insights that help combat emergencies, such as floods and wildfires, make our cities greener and cleaner, and help people live longer and healthier in a secure environment. The existing Open Data Directive already make vast amounts of data available for reuse for the benefit of society. There are, however, some valuable but highly sensitive datasets gathered by some public institutions, falling outside the scope of that Directive, which could be reused for the common good under some strict conditions. For example, the reuse of publicly held health records or social data could help develop personalised medicine or advance research to find cures for specific diseases. Companies also collect huge amounts of data useful to society. If the public sector could access and reuse certain private sector data, it would be able to improve public services and policies.
What are the next steps?
The Commission will present later this year further measures, such as a Digital Services Act to establish clear rules for all businesses to access the Single Market, to strengthen the responsibility of online platforms and to protect fundamental rights. It will also propose a review of the eIDAS regulation, allowing for a secure electronic identity that puts people in control of the data they share online. Furthermore, the EU will put a strong emphasis on cybersecurity by promoting cooperation through a Joint Cyber Unit that protects critical European infrastructure and strengthens the cybersecurity single market. Finally, Europe will continue to build alliances with global partners, leveraging its regulatory power, capacity building, diplomacy and finance to promote the European digitalisation model internationally.
The White Paper on Artificial Intelligence is open for public consultation until 19 May 2020. The Commission is also gathering feedback on the data strategy. Based on the input received, the Commission is planning to take further action to support the development of trustworthy AI and a data-agile economy.
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