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COVID-19 contact-tracing apps could turn out to be a failed experiment

Despite a promising start in some countries, nearly all contact-tracing apps have failed to meet expectations – either due to technical problems, barriers to interoperability, or lack of public trust. Different approaches have emerged, however the collaboration between Apple and Google on a decentralised API is now becoming the most prevalent option. Adoption of the apps will need to grow significantly for contact-tracing to succeed. For this to happen, governments will need to show they take privacy seriously.

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 industry’s response to COVID-19 so far

The coronavirus pandemic has changed the way people interact with each other all over the world. Given the essential need for connectivity, regulators and policymakers have been swift to change their priorities and focus on ensuring network resilience and support for consumers. In this note we share some of the measures regulators and policymakers have been taking, along with those of the operators, and identify some of the challenges that lie ahead.

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.

A look at Ofcom’s wholesale broadband proposals

Ofcom has published a draft of the UK’s Wholesale Fixed Telecoms Market Review for the period 2021–2026. The review takes into account the faster pace at which full fibre deployment has happened over the last two years, and the role played by alternative operators. The concern for some infrastructure builders is the time it will take to get the enabling regulatory environment in place if they are to meet the Government’s ambitious connectivity target.

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.

European regulators are taking a hands-off approach to zero-rating

Regulators in Europe have so far generally taken a hands-off approach to operator’s zero-rating practices. Of 20 cases observed by Assembly in the last two years, only three have resulted in a regulator banning the offer.