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31.05.2023 | KPMG Law Insights

Podcast series “KPMG Law on air”: The EU’s digital strategy

The EU’s digital strategy aims to make Europe the frontrunner in a data-driven society. Among other things, a “single market for data” is to be created. At least that’s how the EU Commission plans it. It remains to be seen whether the goal will be achieved, or whether the new regulations will tend to slow down progress.

The GDPR obliges companies to strictly protect personal data. The Data Act is now to be introduced alongside it. The Data Act provides that companies may have to make customer data available to other companies. Existing laws such as the Copyright Act and Trade Secrets Act could be weakened as a result.

The Digital Services Act applies from February 2024 and obliges digital service providers to combat illegal online content, among other things. It also provides for information and accountability requirements. Digital intermediary services such as online marketplaces and search engines are particularly affected. Failure to do so can be costly, as the ordinance provides for enormous fines.

Another pillar of the EU digital strategy is the AI Act, the AI Regulation. This provides for risk measures for AI applications and is intended to strengthen trust in artificial intelligence. The draft also regulates liability issues.

It is questionable whether the legislator will be able to keep up with the rapid technological development with the regulations. That is why it is still advisable for companies to create a digital ethics concept.

The contents of the podcast are:

  • From minute 1:00: What has happened so far in the “digital decade
  • From minute 1:54: What regulation can do for AI development
  • From minute 2:33: Challenges for practice
  • From minute 4:00: Using ChatGPT
  • From minute 4:45: What does the Digital Services Act regulate?
  • From minute 5:55: The Data Act: how data sharing should work
  • From minute 8:10: Limits and dangers of the Data Act’s duty to disclose data.
  • From minute 9:10: Why the Data Act could weaken other laws
  • From minute 13:01: The Data Act could have the opposite effect
  • From minute 13:30: How companies know where data exists
  • From minute 15:33: This is why digital ethics is (still) important

All “KPMG Law on air” episodes can be found here.

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Head of Technology Law

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