After much fuss, speculation, and leaks,ย the European Commissionย presented its new proposals on simplifying regulations in the digital area last week. The packageย is a small buffet of measures, with the most notable ones being changes to the EUโs controversial AI regulation and amendments to the GDPR.
The background is of course the strong concern that the EU is falling behind in the global tech rally, with reduced innovation and competitiveness as a result. A concern that is justified, given that just a year ago former ECB President Mario Draghi presented hisย horror reportย on the situation in the EU, which became a blowtorch. During the Commissionโs press conference for last weekโs proposal, Draghi was referred to several times.
โItโs now or never, Mario Draghi said in his report a year ago. Now itโs even more now or never,โ said Tech Commissioner Henna Virkkunen at the press conference.
Despite the rhetoric, the new measures may not offer the turnaround for the EU one might expect. Most legislation remains in place. A heavy part of the AI โโregulation concerning so-called high-risk AI is being postponed for at least a year, but that creates more uncertainty rather than less. The GDPR is being amended to make it clear that personal data can be used to train AI, but according to the Commission, this is only in line with what the European Court of Justice has already stated. (The Swedish Authority for Privacy Protection (IMY) calls the changes โsubstantial.โ)
Added to this are measures such as simplified data rules, simplified cybersecurity reporting, and a digital corporate wallet that will reduce administration for companies that want to operate in several EU countries. And there will be fewer cookie pop-ups on the web, something that will certainly please many citizens but that will not have a significant impact on the EUโs competitiveness.
The proposals have of course already attracted criticism. The EUย is giving in to โbig tech,โ it has been said. Yet it didnโt take many seconds after the announcement before an email from the lobby group CCIA, which represents Google, Amazon, Apple, and Meta, came in, saying the measures wereย far too weak.ย
โThere will be many stakeholders who say this is not enough, and some may say it is too much, so I think we have a balanced package,โ Henna Virkkunen said at the press conference.
A broader crisis for EU tech
I personally find it interesting to read the Commissionโs new proposal in parallel with another report that came out this week, the annualย State of European Techย from Niklas Zennstrรถmโs venture capital company Atomico. A report that this year has turned into something of a political rallying cry in addition to the interesting statistics about the European startup sector it always contains.
Atomicoโsย most important pointsย for building a stronger tech ecosystem are not at all about legislation at the AI โโAct or GDPR level. The concrete legislation most in demand is the more or less promisedย โ28th Orderโย that simplifies rules and administration for startups and makes it less risky for innovative companies to fail.
Data and AI regulatory burden is far down the list of obstacles startup stakeholders note when polled by Atomico. Things like market fragmentation, tax regulations, access to capital, and labor regulations all rank higher. And for investors, there is of course the limited opportunities to make an exit.
Focusing too much on โtech-specificโ legislation as a cure for EU digital competitiveness is a risk when there are so many other issues that have at least as much impact.
One such issue that Atomico highlights, and which I have written about before, is Europeโs low self-confidence. Despite the continentโs tech scene being stronger than ever and the optimism in the tech community being at its highest in a decade, there are still too few who believe in a thriving tech future for Europe.
โThis is a sign of something structural. Europe has yet to fully convince its own stakeholders โ founders, investors, and public and private financiers โ that it is the best place to build world-leading companies. Collective self-confidence is essential, and without it, even the most audacious ambitions can only go so far,โ writes Atomico.
I donโt know if the Commissionโs new package will do much to change that. But of course, you have to start somewhere.