Both sides are looking to maintain regulatory alignment with things like data protection set to continue, although Ofcom should be able to regulate with more flexibly. While the roaming regulation no longer applies, there may be sufficient incentives for it to continue
Improving transparency for consumers
Regulators have expressed concern that mobile operators do not provide consumers with sufficiently clear and comparable information, hindering their ability to get a better deal. As New Zealand, the Netherlands and UK take action, the EECC should ensure consumers have the comparable information they need
App stores could face ex-ante regulation
App stores and operating systems are under increasing scrutiny from regulators due to increasingly common competition concerns. As Australia and France take the lead, the EC is likely to adopt an ex-ante regulatory framework due to the recent rise in competition cases that have emerged
Fewer markets now susceptible to ex-ante regulation in Europe
There are now just two markets susceptible to ex-ante regulation across the EU – fixed wholesale local access, and wholesale dedicated capacity (i.e. leased lines). While voice interconnection markets are gone from the list, this does not mean complete deregulation
Regulators fight disinformation around 5G and health
Despite no supporting evidence, there has been a vocal group claiming 5G causes adverse health effects. In response, regulators have been publishing measurements of radio emissions from telecommunications equipment, which revealed that 5G emissions are still far from the maximum limits set out in national and international guidelines. Some regulators are also having to combat widespread disinformation on a link between 5G and the coronavirus pandemic, which has sometimes resulted in mobile infrastructure being vandalised.
The European data strategy explained
A big part of the EC’s mandate will be defined by shaping Europe’s digital future – an objective that it will pursue by various means such as policies for AI, the reshaping of competition rules, and a data strategy. These are in turn linked to the Green Deal and the Industrial Strategy. The success of this vision will determine whether Europe can become less dependent on foreign big tech, and ensure its own businesses finally compete on a global scale.
The increasing importance of data in antitrust reform
Ongoing initiatives of antitrust reform have three things in common. Firstly, data is increasingly seen as an asset that can determine whether a market is competitive or not, and could represent a barrier to entry; secondly, authorities demand stronger powers to monitor big tech and act against them, sometimes even ex-ante; and thirdly, markets are increasingly seen as global rather than national in scope. But it remains unclear whether all governments will follow through with legislation.
Strengthening security for consumer IoT
On 27 January 2020, the UK Government published its policy position on security in consumer IoT. In deciding not to launch a voluntary labelling scheme, the Government recognised it wouldn't have the intended effect to improve customers’ awareness about the security of the IoT products they purchase. This is in line with what is taking shape at the European level, where the European agency for cybersecurity has also found the need for more specific legislation.
What will be keeping regulators busy in 2020?
As we start 2020, we look ahead to the key issues regulators and policymakers will grapple with over the coming 12 months. We consider four broad areas: the first year of work for the new European Commission; the development of 5G (with regard to spectrum awards and network security); broadband policy and roll-out; and the approach to regulating platforms and big tech.
Where are we after 18 months of GDPR?
The EU’s General Data Protection Regulation is 18 months old. Governments of 19 EU countries made submissions to the European Council in preparation for the first review. They highlight some gaps in the legislation, with particular regard to cross-border cooperation and enforcement, monitoring of codes of conduct, and to the need for GDPR to retain a forward-looking view so that it does not stifle technological development.