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Guardum comment: EU proposes data protection rules for industrial data

November 2020 by Darren Wray, CTO at data privacy experts Guardum

Following the news around the EU proposing data protection legislation that would create a single data marketplace across the bloc to facilitate sharing – Darren Wray, CTO at data privacy experts Guardum offers the following comment:

“The EU has long had a Digital Market place in its sights, with the intention of increasing trust and safety online (pillar 1). But for larger tech firms, the concern comes from pillar 2, which aims to implement regulatory controls to oversee those platforms that act as gatekeepers, this term isn’t clearly defined but is expected to include the likes of Facebook and WeChat. As with the GDPR, the rules will apply to businesses that are based outside of the EU, if they count EU residents as their customers or users.

This is likely to change the data privacy, data sovereignty and data governance regime over the next few years. I wonder however if this may draw parallels to the GDPR, where organisations and governments riled against the changes when they were being developed and finalised. But several years later, we see many of those countries looking to implement their own regulations which emulate the GDPR.

The main thing that companies should be doing today to prepare for these changes is to maintain a watching brief, especially as more information is due in early December when the commission will release, what are expected to be, the final proposals for the DSA and DMA at that time. Alongside that, firms should look at the inception impact assessments for the DSA and DMA which were released in June 2020 to better understand the potential impact on their business.

Some commentators have expressed concerns that regulation such as this could result in a more fragmented Internet and potentially the creation of an EU internet where certain platforms would not be available. Whilst I see this as a possibility business and large tech firms, in particular, are more resourceful and are likely to find a way to work within the regulations, rather than lose access to the EU’s almost 450m people.”

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