Other noteworthy regulatory developments week ending 4 June 2021 from the Assembly Analyst team
The European Parliament is asking the European Commission to amend its decision to declare the UK as an adequate destination for EU personal data. MEPs passed a resolution on Tuesday, raising concerns about exceptions in UK law for national security and immigration purposes. In practice, these exceptions allow for bulk data to be accessed and retained without a person being under suspicion for perpetrating a crime. Transfers to third countries are another area of concern, particularly in view of recent rulings of the European Court of Justice limiting EU data transfers to the US. The EC is expected to make a final adequacy decision in the coming months, and appears inclined to grant such status to the UK despite possible future divergence of the respective data protection frameworks.
The US Trade Representative (USTR) is threatening retaliatory measures against the adoption of a tax on digital services by Austria, India, Italy, Spain, Turkey, and the UK. However, the USTR is allowing more time for a solution to be found at the international level before enacting tariffs on $2bn worth of goods coming from those countries. On Wednesday, the USTR announced the introduction of the tariffs, and simultaneously declared their immediate suspension for six months. The delay signals the Biden administration’s resolve to find agreement on a new international regime for taxation – a clear change in direction compared to the Trump administration.
In the Czech Republic, the regulator, the CTU, has opened a consultation on the refarming of the 3.4–3.8GHz band. Four operators (Nordic Telecom, O2, PODA, and Vodafone) submitted their plans on the basis of commitments they made at the time of the 3.6–3.8GHz award in 2017, and of the 3.4–3.6GHz award in 2020. The consultation could turn out to be a merely formal process, since the CTU noted that all the four operators have met the conditions of the commitments. The process will involve moving spectrum holdings within the wider 3.4–3.8GHz band so that each operator has contiguous lots.
