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18 OPINION THURSDAY 2 MARCH 2017<br />

CITYAM.COM<br />

FORUM<br />

EDITED BY TOM WELSH<br />

Absurd EU data regulations are more<br />

likely to take your job than a robot<br />

ECONOMIST John Maynard<br />

Keynes once suggested,<br />

tongue only just in his cheek,<br />

that if governments want to<br />

create jobs, they could fill bottles<br />

with cash and bury them, so companies<br />

would hire workers to dig them<br />

up.<br />

The EU’s incoming General Data<br />

Protection Regulation (GDPR), its<br />

attempt to strengthen and unify data<br />

protection laws, looks like<br />

Keynesianism’s evil twin: while<br />

Keynes’s idea would benefit the unemployed<br />

with paying jobs and companies<br />

with bottled government cash,<br />

the GDPR looks set to create pointless<br />

work, destroy productive jobs, stifle<br />

innovation, and cost everybody<br />

money. Brexit will do nothing to spare<br />

the UK economy from this, because<br />

digital minister Matthew Hancock has<br />

already said the government intends<br />

to amend UK data protection law to<br />

mirror the GDPR. This is one rule that<br />

both the EU and Britain really should<br />

ditch.<br />

A report by the International<br />

Association of Privacy Professionals<br />

(IAPP), a trade association representing<br />

privacy specialists, estimates that businesses<br />

around the world will have to<br />

appoint at least 75,000 data protection<br />

officers to help them comply with the<br />

many complex requirements of the<br />

GDPR. Filling these positions will be<br />

costly and difficult, and it will divert<br />

money away from investments that<br />

would create more productive jobs<br />

and benefit customers through lower<br />

prices and better product features –<br />

including privacy-enhancing ones. The<br />

EU should amend the GDPR to reduce<br />

its complexity and prevent member<br />

states from obstructing the development<br />

of the Digital Single Market with<br />

additional, even more complex privacy<br />

BUSINESS rates reform is crucial<br />

for the health of local<br />

communities across the<br />

country. Retailers pay a quarter<br />

of all business rates and<br />

it is the single largest tax paid by the<br />

industry. Put simply, the burden of<br />

property taxation is too high. It is a<br />

disincentive to invest in physical<br />

space. A system where rates are the<br />

highest in the G7, and have risen from<br />

a third of rateable value in 1990 to<br />

half today, is not financially sustainable.<br />

We have long made the case that, to<br />

maintain a competitive tax environment<br />

for business, further measures<br />

to reform business rates are needed to<br />

fix a tax that is no longer fit for purpose<br />

and that continues to discourage<br />

local investment in jobs and growth.<br />

While for many business rates may<br />

sound dreary, the topic has attracted<br />

considerable attention over the last<br />

two weeks, as it’s become caught up<br />

in a perfect media storm. The significance<br />

of the impact of the coming<br />

revaluation, and the realisation that<br />

the transitional relief scheme is much<br />

less generous than last time around,<br />

regulations that go well beyond the<br />

GDPR.<br />

Some may wonder what sort of<br />

Dickensian miser would complain<br />

about the creation of 75,000 jobs. The<br />

problem with the GDPR is that it will<br />

eliminate at least as many potential<br />

jobs as it creates, and those lost jobs<br />

would have contributed to better products<br />

and services, whereas data protection<br />

officers will be even less useful<br />

than workers digging up old bottles.<br />

Data protection officers’ primary role<br />

is not, as some might think, to protect<br />

customers’ privacy. That comes<br />

through better design, where the market<br />

is already well ahead of regulators.<br />

Data protection officers help shield<br />

their employers from regulators,<br />

whether those regulators act in the<br />

public interest or not.<br />

Besides being unproductive, data<br />

protection officers will also be difficult<br />

to hire, as experts in European privacy<br />

law are scarce in most non-European<br />

countries, where many companies<br />

that would be subject to the GDPR are<br />

based. This will exacerbate costs that,<br />

one way or another, will be passed on<br />

to European consumers through higher<br />

prices, more advertising, less innovation,<br />

and restricted choice. Firms<br />

will have to offer generous salaries to<br />

persuade qualified people to come and<br />

work for them. Some major firms –<br />

especially in the US – already have considerable<br />

in-house privacy expertise<br />

among their staff, but even these people<br />

will require additional training,<br />

and will become harder and more<br />

expensive to retain as demand for<br />

European privacy specialists grows.<br />

Moreover, full compliance with the<br />

GDPR will require expertise that<br />

almost no one has, inside or outside<br />

the EU. Article 39 of the GDPR stresses<br />

that in addition to understanding EU<br />

is hitting home. It has shone the spotlight<br />

once again firmly on the<br />

inequities of the system.<br />

Government data showing that<br />

nearly three-quarters of businesses<br />

will see no change, or even a fall, in<br />

their business rates after the revaluation<br />

overlooks the significance and<br />

real world impact of the increase. The<br />

other quarter of businesses face a rise<br />

of up to 42 per cent and that is after<br />

taking into account the upward cap<br />

available under the transitional relief<br />

scheme.<br />

For any retailer, large or small, operating<br />

in a highly competitive market<br />

with narrow margins, an eye-wateringly<br />

high rates bill is the last thing<br />

they need when the decision as to<br />

whether to keep a store open or invest<br />

in it may already be hanging in the<br />

balance. Local communities up and<br />

down the country need that investment.<br />

The theory is that these rate increases<br />

for businesses in geographical areas<br />

deemed to have done well should be<br />

offset by lowering rates for businesses<br />

that may have suffered in areas which<br />

have performed less well. This further<br />

Nick<br />

Wallace<br />

Smaller foreign firms<br />

are likely to shun<br />

Europe, while<br />

European startups<br />

will find it costlier to<br />

get off the ground in<br />

the first place<br />

privacy regulations, data protection<br />

officers must monitor compliance<br />

with each member state’s own privacy<br />

laws as well. That means understanding<br />

the unique and often obscure regulations<br />

of 28 countries with 24 official<br />

languages, and being aware of the vast<br />

differences in how member states<br />

apply Union rules. Realistically speaking,<br />

firms cannot hope to find such an<br />

encyclopedic knowledge in any one job<br />

candidate, meaning they will have to<br />

hire multiple experts and shell out on<br />

legal consulting fees to cover all the<br />

bases.<br />

At first blush, it might appear these<br />

costs will mostly fall on non-European<br />

companies: the fact most of these jobs<br />

will be outside the EU highlights just<br />

how far behind Europe already is in<br />

data innovation, as there are fewer<br />

European firms processing enough<br />

personal data for them to have to<br />

appoint data protection officers in the<br />

first place. But the truth is American<br />

tech giants are already better equipped<br />

than most to fill these positions, so the<br />

GDPR will actually tip the competitive<br />

balance further in their favour.<br />

Smaller foreign firms are likely to<br />

shun Europe and focus their comparatively<br />

limited resources on more accessible<br />

markets, while European<br />

startups will find it costlier to get off<br />

the ground in the first place. These<br />

problems come alongside many other<br />

costs and limitations imposed by the<br />

GDPR, which will limit European<br />

attempts to benefit from data innovation.<br />

One could argue that the passage of<br />

European legislation is always slow<br />

and messy, that the GDPR’s passage<br />

was slower and messier than usual,<br />

and that nobody in Brussels has much<br />

appetite to amend it lest they have to<br />

re-live the last four years of tedious<br />

negotiation, lobbying, and horse-trading.<br />

This is all true, but until the EU<br />

amends the GDPR to reduce its complexity,<br />

Europe will be marching into<br />

the data economy with a self-inflicted<br />

limp.<br />

Member states can at least lessen the<br />

damage a little by exercising discretion<br />

and restraint in how they transpose<br />

and implement the GDPR, but the<br />

only effective solution is legislative<br />

change at the Union level. The fact this<br />

is unlikely to happen anytime soon<br />

just highlights the danger of over-regulating<br />

a new and rapidly-changing<br />

field that policy-makers do not yet<br />

understand. They should learn not to<br />

be so overzealous.<br />

£ Nick Wallace (@NickDelNorte) is a<br />

Brussels-based senior policy analyst with<br />

the Center for Data Innovation, a data<br />

policy think tank.<br />

Tinkering with business rates won’t fix a<br />

fundamentally broken tax on investment<br />

Helen<br />

Dickinson<br />

calls into question the logic and sustainability<br />

of a tax system which disproportionately<br />

penalises businesses<br />

looking to upscale and invest.<br />

The divisive framing of the current<br />

debate, which isolates “winners”<br />

from “losers”, misses the real point<br />

that there can be no winners from a<br />

fundamentally broken system.<br />

Limited targeted relief that benefits<br />

some but not all merely acts as a sticking<br />

plaster and deflects the real need<br />

for reform of business taxation in its<br />

entirety.<br />

Instead, we need a system which is<br />

flexible, simple and competitive,<br />

focused around promoting economic<br />

growth rather than just raising revenue.<br />

First, the government should commit<br />

to three yearly revaluations<br />

together with bringing forward the<br />

switch from RPI indexation to CPI.<br />

This will allow the tax to flex with<br />

economic conditions.<br />

Second, the chancellor in his<br />

Budget should seize the opportunity<br />

go further with the transitional relief<br />

scheme and implement the same protections<br />

for all those facing increases<br />

that were in place during the last<br />

revaluation in 2010.<br />

Finally, there must be potential to<br />

address the disconnect between a tax<br />

system that acts as a disincentive to<br />

innovate and invest and the government’s<br />

commitment to a low tax<br />

economy which works for everyone.<br />

Only through this fundamental<br />

reform of the system will we<br />

continue to enjoy the benefits of<br />

growing numbers of new local jobs,<br />

especially in deprived areas, improved<br />

productivity, the delivery of training<br />

and apprenticeships and, critically,<br />

the successful reinvention of our<br />

high streets and town centres.<br />

£ Helen Dickinson OBE is chief executive<br />

of the British Retail Consortium.<br />

DEBATE<br />

Q: With Francois<br />

Fillon limping on,<br />

is centrist<br />

Emmanuel<br />

Macron going to<br />

be the next<br />

French President?<br />

Famke<br />

Krumbmüller<br />

YES<br />

Once he qualifies for the second round,<br />

Emmanuel Macron will win it against<br />

Marine Le Pen. The ex-Rothschild banker<br />

is able to attract votes from across the<br />

political spectrum and is hence best<br />

placed among all candidates to beat the<br />

far-right (with 61 per cent). The main<br />

hurdle Macron needs to take is the first<br />

round, but he is extremely well positioned<br />

for three reasons: first, he has managed to<br />

create momentum, and the polls reflect it:<br />

he has surged to 24.5 per cent from 16 per<br />

cent. Second, he benefits from his main<br />

opponent’s, the Republican candidate<br />

Francois Fillon, loss of support (from 30<br />

per cent to 20 per cent), which is likely to<br />

continue as he will be placed under formal<br />

investigation for the alleged fictitious<br />

employment of some family members.<br />

Finally, Macron will be able to collect votes<br />

on the centre-right, given Fillon’s social<br />

conservatism, as well as on the centre-left<br />

– from the social-democrat wing of the<br />

Socialist Party – given that candidate<br />

Benoit Hamon is from its left-wing, antigovernment<br />

faction.<br />

£ Famke Krumbmüller is partner at<br />

OpenCitiz, the political risk consultancy.<br />

Naomi<br />

Firsht<br />

NO<br />

If the polls are to be believed, Emmanuel<br />

Macron could well be in with a chance of<br />

becoming the next President of France.<br />

Many think he is the best option for<br />

keeping Front National Marine Le Pen out<br />

of the Elysée. But while his exuberance<br />

attracts the young, metropolitan set,<br />

there are many he is not reaching. As a<br />

centrist candidate he risks being not<br />

enough to the left or right to tempt<br />

traditional voters. And it is unlikely that<br />

French people will ignore his political<br />

inexperience once at the ballot box.<br />

Besides, much of Macron’s rise can be put<br />

down to pure luck, in what is turning out<br />

to be one of the most volatile elections in<br />

modern French history. The unexpected<br />

incidents of Francois Fillon’s scandal and<br />

Benoit Hamon winning the left primary<br />

have played in his favour. But in a<br />

constantly changing political climate,<br />

some new surprise may be thrown up,<br />

and Macron may find that his luck has run<br />

out.<br />

£ Naomi Firsht is a staff writer at Spiked<br />

and co-author of The Parisians’ Guide to<br />

Cafés, Bars and Restaurants.

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