3 years ago

Whitepaper: EU Digital Single Market Strategy

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  • Digital
  • European
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  • Noerr
  • Consumers
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  • Businesses
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In May 2015, the European Commission released a Digital Single Market (DSM) strategy as a central priority of its agenda at the beginning of its four-year term. The strategy’s objective is to create an open, interconnected and digital single market and to maximize the positive impact of the digital transformation on European society and on business activity in the EU. To this end, the Commission proposed a wide range of measures in order to create a stable legal environment, stimulate innovation, tackle market fragmentation and allow all players to tap into the new market dynamics under fair conditions.

The DSM strategy from a

The DSM strategy from a practical perspective Torsten Kraul is an Associated Partner with Noerr and a member of the practice groups Digital Business and Telecommunications. He explains the DSM strategy’s ambitious scope and offers an insight into future challenges for EU regulators and businesses. Why is the DSM strategy important? The digital single market offers a great opportunity for the EU. A streamlined and harmonized framework is crucial to speed up Europe’s digital transformation, ensure a high level of legal certainty for businesses, and to protect consumers and citizens. The Commission deserves praise for the strategy’s ambitious scope. The new regulations will positively impact cross-border sales and reduce market fragmentation. Nevertheless, caution is called for given the risks of overregulation. EU policymakers should especially aim for regulation that allows young European enterprises to grow. Otherwise, high barriers to market entry and complex legal requirements could hamper innovation and competition, and drive away innovative platforms and start-ups. What should happen after the DSM’s completion and what are future challenges in the context of Europe’s digitization? The DSM strategy is only a first step in the right direction. As transformative technologies like AI and the emerging Internet of Things become main drivers of growth, these innovations need to be guided by high security standards and a clear legal framework. This requires pragmatic and sensible regulation both at EU and national level to ensure that necessary legislation keeps up with the fast pace of technological developments. How can companies make their voices heard on EU regulatory issues? There are various ways to influence legislative processes in Brussels. This is a matter of timing and needs to be considered separately in the case of each specific measure. Depending on the stage of the procedure, options include taking part in public consultations and workshops hosted by the Commission, or directly engaging with the Commission and the rapporteurs at the European Parliament and the Council. 14

Noerr’s services Taylor-made strategic and legal advice along every step of the regulatory process Monitor Keep up to date on relevant DSM initiatives and their status Organization Internal Analyze Analyze the potential impact on business models and the competitive environment Regulation Technology Implement Take steps to ensure compliance of business practices with the new regulations External Influence Consider taking steps to influence the DSM strategy if certain initiatives have the potential to harm business 15