Stay up-to-date with new EU data & AI regulation

Introducing the EUs Digital Decade Policy Programme.

As you’ve probably noticed in recent news, topics like AI regulations and tech giants' policies have been making headlines. For instance, Apple recently announced that its new AI features, part of the "Apple Intelligence" suite, will not be available in the European Union at launch. This decision is influenced by the EU's Digital Markets Act (DMA), which aims to ensure fair competition and greater consumer choice by imposing strict regulations on tech companies regarding interoperability and transparency. Apple has expressed concerns that complying with these requirements might compromise user privacy and data security (markets.businessinsider.com)​.

These regulatory changes are part of the broader EU Digital Decade Policy Programme, spanning from 2020 to 2030. This initiative includes legislative proposals focused on data, AI, cybersecurity, and digital services, to name a few.

Understanding and navigating these initiatives is essential for organisations to stay compliant. Ignoring these changes could put your organisation at risk, while proactively addressing them can lead to significant advantages and sustainable success. This blog post will highlight some of these new policies and provide insights to support your compliance efforts and foster innovation. Dive in to learn how to turn regulatory challenges into opportunities for growth.

Understanding the Digital Decade Policy Programme

The Digital Decade Policy Programme aims to revolutionise our digital landscape, driving significant societal benefits and ensuring Europe remains a global leader in the digital economy. Here, we provide a compact overview of this program, its key objectives, recent and upcoming legislative developments, and the implications for organisations operating within the EU.

Key objectives

The Digital Decade Policy Programme has multiple key objectives:

1. Digitally skilled population and highly skilled digital professionals: To thrive in a digital economy, the EU aims to equip its citizens and workforce with the necessary digital skills.
2. Secure and sustainable digital infrastructures: Building resilient and eco-friendly digital infrastructures to support the growing digital ecosystem.
3. Digital transformation of businesses: Encouraging businesses to adopt digital technologies to enhance operational efficiency, innovation capacity, and competitiveness.
4. Digitalisation of public services: Streamlining public services through digital means to improve accessibility, transparency, and efficiency.

Key legislative developments

Several legislative acts addressing different facets of the digital transformation have already been introduced by the EU's governing bodies to support the Digital Decade Policy Programme. In the following sections, we will discern what effect these acts have on the Dutch market, in pink.

• Digital Services Act (16 November 2022): This act establishes a safer digital space with robust protection of users’ fundamental rights. For example, the DSA requires platforms like Facebook and YouTube to remove illegal content swiftly once notified, ensuring a safer online environment for users and protecting against harmful activities and disinformation​ (World Economic Forum)​​ (Osborne Clarke)​.
  
  *The "Implementing Act on the Digital Services Regulation" or "Uitvoeringswet digitale dienstenverordening" (DSA) in the Netherlands will be implemented in phases. For the national implementation in the Netherlands, the regulation is being drafted, and the Authority for Consumers and Markets (ACM) and the Dutch Data Protection Authority (AP) are designated as supervisors​ (NJB)​. The bill for this implementing act was submitted to the House of Representatives on April 3, 2024​ (Overheid Wetgevingskalender)​.
  
  
• Digital Markets Act (2 May 2023): Targets large online platforms to prevent unfair practices, designating major companies like Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft as gatekeepers. As stated in the introduction, the DMA has led Apple to postpone the launch of its "Apple Intelligence" AI features in the EU to comply with the act’s requirements (markets.businessinsider.com).
  
  *In the Netherlands, the implementation of the EU's Digital Markets Act (DMA) is being overseen by the Authority for Consumers and Markets (ACM). At the national level, a bill named the "Implementation Act Digital Markets Regulation" or "Uitvoeringswet digitalemarktenverordening" has been introduced to facilitate the enforcement of the DMA in the Netherlands.
  
  
• Data Governance Act (September 2023): Enhances trust in data sharing and improves data availability and reuse mechanisms. An example is how the act facilitates secure and efficient data sharing between public institutions and private entities, promoting innovation while maintaining data privacy standards​ (European Commission)​.
  
  *The new EHDS (European Health Data Space) regulation, which builds on the Data Governance and Data Act, governs the exchange and use of health data within the European Union. It is expected to come into force in the Netherlands by the end of 2024 or early 2025. The regulation includes transition periods of up to six years for different components. This initiative aims to make health data more accessible for EU citizens, healthcare providers, and researchers while providing clear rules for its usage (tweakers.net). 
  
  
• Data Act (11 January 2024): Clarifies the conditions under which data can be accessed and used, emphasising its value for innovation. For example, it outlines how businesses can access and utilise industrial data, enabling innovations such as predictive maintenance in manufacturing​ (Osborne Clarke)​.
  
  *The Data Act entered into force on January 11, 2024. However, the act will apply across the EU, including the Netherlands, on September 12, 2025. Currently, the Dutch government is working on aligning its national regulations with the EU's Data Act to facilitate its effective implementation. The preparations include setting up the necessary legal and technical infrastructures to comply with the new rules on data sharing and usage, cloud service switching, and Internet of Things (IoT) data management​ (European Commission)​​​​ (Linklaters Global)​. 
  
  
• AI Regulation Act (2 February 2024): Sets clear requirements and obligations for AI developers, deployers, and users. It includes ensuring AI systems like OpenAI's GPT-4 and Google's Gemini are transparent, secure, and free from bias, thus promoting responsible AI development​ (MIT Technology Review)​.
  
  *In the Netherlands, the implementation of this act is still under development. It also introduces new governance structures, including an AI Office within the European Commission and national authorities to enforce the regulations. Companies will need to comply with these regulations starting 24 months after the act enters into force, with some exceptions for specific provisions. This means that by early 2026, all relevant AI systems operating within the EU, including those in the Netherlands, must adhere to the new rules​ (Consilium Europa)​​ (Goodwin Global)​​ (MIT Technology Review)​.
  
  
• Interoperable Europe Act (11 April 2024): The Interoperable Europe Act for better connected public services for people and businesses will facilitate cross-border data exchange and accelerate the digital transformation of the public sector. Interoperability is a core feature of a functioning Digital Single Market and contributes to a more effective implementation of digital features of public policies, from justice to health to transport. Examples of such services include mutual recognition of academic diplomas or professional qualifications, exchanges of vehicle data for road safety, access to social security and health data, the exchange of information related to taxation, customs, public tender accreditation, digital driving licenses, commercial registers.
  
  *In the Netherlands, the implementation of this act is initially focused on Energy and Climate . The Netherlands will have reduced net greenhouse gas emissions to zero by 2050. By 2030, at least 55 % net greenhouse gas reduction compared to 1990 should be achieved. In order to achieve this goal with certainty, it was agreed to focus the policy on a higher challenge of around 60 % in 2030 by taking into account an “overprogramming” of measures. The policy has been developed in the Climate Policy Programme published in June 2022, and later complemented by the so-called “Spring Climate Decision” in 2023 and 2024. National example is the Dutch Metropolitan Innovations (DMI) Ecosystem to accelerate smart, green, and sustainable urbanisation and Data Space for Energy Reduction in Non-Residential Buildings).
  
  
• NIS2 Directive (18 October 2024): Strengthens cybersecurity measures across the EU. For example, the directive mandates enhanced security protocols for essential services and critical infrastructure to protect against cyber threats and ensure the resilience of vital digital services​ (Osborne Clarke)​.
  
  *Implementing the NIS2 Directive in the Netherlands is currently in progress. The NIS2 Directive will be incorporated into Dutch law through the new Cybersecurity Act (Cyberbeveiligingswet), which will replace the current law on the security of network and information systems (Wet Beveiliging Netwerk—en Informatiesystemen, Wbni).
  
  The Dutch government has faced delays in meeting the original deadline of October 17, 2024, for transposing the directive into national legislation. The new timeline now indicates that the Cybersecurity Act will likely come into effect in the second or third quarter of 2025. This delay is due to the complexity of the legislative process and the need for thorough consultation and adjustments based on feedback from various stakeholders​ (Rijksoverheid)​​ (Rijksinspectie Digitale Infrastructuur)​​ initiative addresses the need for secure and efficient data sharing in the pursuit of optimising CO2 reduction projects within non-residential buildings. DVU aims to facilitate the exchange of relevant energy consumption data among stakeholders, driving innovation and sustainable practices in the construction and building management sectors.

Source: European Commission

This is by no means a complete overview. There’s much to explore and learn but also a lot to ignore. Focus on the applicability and implications for your organisation, knowing that impacts may vary per domain and service type. Many acts are designed to fill gaps in existing laws and can be superseded by more specific regulations within certain sectors. Remember, EU policies are developed through lengthy processes, allowing member states a high degree of autonomy and typically including a grace period post-implementation, encouraging adherence rather than immediate enforcement.

Key considerations for organisations

Organisations operating within the EU should be aware of these legislative changes to leverage potential benefits, mitigate risks, and ensure compliance. Understanding the timeline and implementation process of these policies is beneficial. Here’s what you need to know:

Opportunities for innovation

By aligning with the Digital Decade goals, your organisation can unlock new opportunities for innovation, operational efficiency, and market competitiveness. The Digital Decade initiative encourages organisations to adopt advanced digital technologies and practices, which can significantly enhance productivity and service offerings. Understanding when these regulations will come into force allows organisations to plan their innovation efforts strategically.

Compliance and legal frameworks

Understanding the legal implications of new policies is essential to avoid compliance issues and potential penalties. Compliance ensures your organisation operates within legal and ethical boundaries, fostering a trustworthy and secure digital environment. Furthermore, compliance can enhance your organisation's reputation, giving you a competitive edge in a market that values security and integrity.

Implementation timelines

A common question for business owners is: "When does it actually affect me?" The implementation of EU law varies by member state. Generally, after an EU directive is issued, member states have a specific period to adopt the necessary national laws to comply with it. For regulations, the rules are directly applicable in all member states without needing national transposition. Monitoring the European Commission’s directives and the implementation timelines in your operational country is crucial. You can track each member state's progress and specific deadlines through resources provided by the European Commission at EUR-Lex.

National strategic roadmaps

The national strategic roadmaps on the European Commission's digital strategy website provide a detailed overview of national legislation per EU member state. This resource offers comprehensive information on how each member state implements and aligns with various EU digital regulations, including those related to cybersecurity, data protection, and artificial intelligence. You can explore the national strategic roadmaps here: National Strategic Roadmaps.

Dutch implementation

While the Dutch government still needs to publish a detailed national roadmap for the Digital Decade Policy Programme, the National Online Resource Architecture (NORA) can provide insights into how national legislation aligns with EU directives. This resource outlines the general EU regulations relevant to cross-border services and specific sectoral regulations applicable within the Netherlands. For more information on how Dutch regulations integrate with EU-wide digital policies, visit: Hoofdlijnen van de EU-Architectuur.

Innovative initiatives

Alongside the implementation of EU directives and legislation, various local, national, and European initiatives aim to foster innovation and build infrastructure around these new developments. These initiatives are crucial for supporting the digital transformation, providing resources, and facilitating businesses' adaptation to the evolving regulatory landscape.

The European Commission has launched several initiatives to support innovation and infrastructure development across member states. For example, the New European Innovation Agenda focuses on five flagship areas, including: enabling innovation through experimental spaces and public procurement and strengthening innovation ecosystems across the EU. These initiatives help create the conditions for sustainable growth and digital transformation in line with EU policies​ (Research and innovation)​​​.

Example of a local initiative - Digital Infrastructure in Logistics

In the Netherlands, initiatives like the Digital Infrastructure in Logistics (DIL) programme exemplify how national programs are derived from the EU’s policy framework. 

NimbleNova is playing a crucial role in developing the DIL programme by leading and shaping the work package that accelerates the development of the Basic Data Infrastructure (BDI). The BDI provides a foundation for trusted, frequent, and agile digital and automated business interactions with chain partners. The architecture, agreements, tools, and example software are being developed to achieve this. This takes place within the Data In Logistics (DIL) program, which aims to make logistics chains in the Netherlands more transparent, robust, and efficient through a federated agreement framework. The development of the BDI goes beyond just this program. The BDI framework can be applied across various domains, sectors, and chains.

Moving forward: what to consider

To effectively navigate the evolving regulatory landscape, businesses should consider mapping out their imminent priorities, conducting impact analyses, and taking their first steps to adapt to these new directives and legislation.

Prioritise your actions

Evaluate your current digital infrastructure to identify and address immediate gaps. Involving key stakeholders such as IT, security, and control teams early on helps to understand the impact and requirements of upcoming regulations. Establishing a dedicated committee to stay updated on legislative changes and oversee compliance efforts can also be advantageous.

Conduct an impact analysis

Conducting an impact analysis is vital to understanding how new initiatives and regulations will affect your business operations. It is also advisable to assess the risks associated with non-compliance and the potential benefits of early adoption of new technologies.

Internal steps for businesses

It is recommended that you assign specific roles within your organisation to monitor and implement changes related to new initiatives. Invest in training programs to ensure that your team is well-versed in new regulations and technologies.

Conclusion

Navigating the EU’s Digital Decade Policy Programme presents organisations with challenges and opportunities. While the legislative landscape is complex and continually evolving, staying ahead of these changes is crucial for leveraging the benefits of digital transformation and maintaining compliance.

The Digital Decade Policy Programme is not just about regulations; it's about fostering innovation, enhancing operational efficiency, and ensuring sustainable growth. By understanding and implementing these policies, your organisation can unlock new opportunities, build trust with stakeholders, and secure a competitive edge in the digital economy.

NimbleNova is here to support you every step of the way. Our expertise lies in breaking data barriers, reportable compliance, and digital transformation. We can help you navigate this new landscape with confidence. Whether you need assistance understanding legislative timelines, implementing advanced technologies, or developing sector-specific data strategies, NimbleNova provides tailored solutions to meet your unique needs.

Don't let the digital regulation tsunami catch you off guard. Stay informed, stay compliant, and let NimbleNova help you thrive in the Digital Decade. Contact NimbleNova today to get started.

Break through data barriers with NimbleNova

At NimbleNova, our daily work and expertise revolve around data sharing. A pivotal component of the Digital Decade Policy program is the European Strategy for Data, which seeks to create a unified market for data across the EU. This strategy’s key elements align closely with our mission and services, including:

Free flow of data: Facilitating unrestricted data movement within the EU and across various sectors. At NimbleNova, we ensure seamless data transfer solutions that comply with EU regulations, enabling your business to operate efficiently and effectively across borders.

Breaking through data barriers: Implementing robust technical infrastructure, legal frameworks, and ethical guidelines to foster data sharing. Our expertise lies in creating secure and compliant data-sharing frameworks, helping you navigate and overcome legal and technical challenges.

Development of sector-specific data: Promoting the creation and utilisation of data tailored to specific industries. We specialise in developing customised data solutions that meet the unique needs of various sectors, ensuring that your data strategy aligns with industry standards and regulations.

We understand the complexities of the European Strategy for Data and are here to support you. By partnering with NimbleNova, you gain access to our extensive knowledge and experience in data sharing, ensuring that your organisation can fully leverage the benefits of the Digital Decade Policy Program. Contact us today to learn how we can assist you in navigating these new regulations and optimising your data strategy.

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