EU Policy Updates
ISPA is keeping you updated about EU policy issues.
Update March: Copyright Directive reform & Terrorist Content Online Proposal
In February, the European Institutions made progress in almost all of the policy initiatives EuroISPA follows. In a major breakthrough, the three Institutions reached a provisional agreement on the Copyright Directive reform, which will need to be endorsed by the European Parliament as a whole in March or April. The European Parliament was also particularly active on the proposal for a Regulation on the prevention of terrorist content online, with amendments being tabled and debated throughout the month. Most of the amendments are positive, as they attempt to target the scope and align the text with the current EU intermediary liability regime. When it comes to the Directive on cross-border access to electronic evidence, which sets out obligations for service providers on the nomination of legal representatives, the Council is close to a position. We also understand that the Council aims to reach a position on the proposal for an ePrivacy Regulation by March 2019.
Update February: Negotiations on the Copyright Directive reform & Terrorist Content Online Proposal
As 2019 begins, the European Parliament intensified its efforts on the proposal on preventing the dissemination of terrorist content online. While the leading Committee did not substantially alter the text, the opinion-giving Committees improved it significantly, deleting references to proactive measures and upload filters. The negotiations on the Copyright Directive reform are frantically continuing – however, the Romanian Presidency of the Council was unable to agree on a renewed position, because of existing disagreements on a potential exception for SMEs between Member States. As regards the proposal for ePrivacy, the European Commission published several documents exploring the interaction between the proposal and existing regulatory frameworks on CSAM and M2M and IoT technologies. The Romanian Presidency aims to achieve a compromise text by the end of the legislature.
Update January: Terrorist Content Online Proposal & E-Evidence Proposal
Negotiations proceeded at a swift pace on a series of EU digital policy files. Surprisingly, the EU Member States adopted their position on the terrorist content online proposal (see also Maximilian Schubert's presentation at the Council of Europe) and the cross-border provision of electronic evidence proposals (see also Maximilian Schuberts presentation at the European Parliament) respectively on 6th and 7th December. Similarly, the European Parliament and the Council are prioritising the Copyright Directive reform, with a view to finalise the interinstitutional negotiations by the beginning of 2019 - the political will is there; however, compromises have not been found yet on the most controversial provisions of the text. By contrast, as regards the proposal for a Regulation on Privacy and Electronic Communications, the Council only published a progress report - the new Romanian Presidency of the Council hopes to achieve a common position of the Member States by June 2019.