Position Paper on the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse

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14 September 2022 – EuroISPA publishes its Position Paper expressing concerns about the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse. The document highlights risks of inoperability and technical unfeasibility, concerns around compatibility with the GDPR, DSA, ePrivacy Directive, NIS2, and the Open Internet Regulation, as well as emphasising worries about excessive administrative burdens on SMEs.

EuroISPA, a pan-European association which represents over 3,000 Internet Services Providers (ISPs), works to advocate for the needs both of the wider industry and of users. This position paper is one example of how the association’s members work together to draft recommendations for EU policy makers that can be implemented by the industry in order to tackle the issue at hand.  EuroISPA members are at the forefront of the efforts to protect children online and have a longstanding relationship with law enforcement authorities to assist them in the fight against child exploitation.

Download the Position Paper here.

PRESS RELEASE: EuroISPA voices concerns regarding CSAM proposal’s impact on user privacy

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Brussels, 18 May 2022 – EuroISPA, the pan-European association of Internet Services Providers Associations, highlights concern about privacy, freedom of speech, and overbearing obligations in relation to the recently proposed Regulation to prevent and combat child sexual abuse.  

Alexandra Laffitte, President of EuroISPA, noted: “Our members share the view that obligations in relation to detecting, reporting, removing, and blocking of content in this proposal raise questions about intrusion into user privacy and potential surveillance by authorities or malicious actors, as well as about operational viability. Furthermore, in order to ensure consistency across the ecosystem and a proper balance with regards to fundamental rights and freedoms, the proposal needs to be aligned with the DSA and the GDPR. This is particularly important with regards to principles such as non-general monitoring and the confidentiality of electronic communications. Encryption tools are part of the framework which allows Internet and online services to be trusted and ensure ongoing cybersecurity and data protection. The weakening of end-to-end encryption would damage the economy as well as damaging efforts to create an Internet which enhances trust, user privacy, and freedom of expression”. 

EuroISPA represents Internet Services Providers (ISPs) across the European continent, creating a common voice aiming to promote and protect the interests of its members whilst working towards a safer Internet for all.  

Within EuroISPA, the Safer Internet Committee aims to contribute to the shaping of policies on child sexual abuse material (CSAM) online and cooperates with law enforcement authorities by sharing practical experience and infrastructure control. Several EuroISPA members also manage national level hotlines which contribute to the tackling of illegal content online.  

“This proposal puts forward a new approach to combatting child sexual abuse, a crucial issue that we have been dedicated to for many years. However, it is important to note that the proposal only focuses on the Internet ecosystem, without considering and supporting the existing local-level schemes which have proven their efficiency in fighting and preventing child sexual abuse. EuroISPA is analysing the text in detail to ensure that the future framework will effectively help prevent child sexual abuse, and that the obligations on intermediaries do not have a burdensome effect on smaller players in the sector, as SMEs are at the core of EuroISPA’s membership and play a vital role in the Internet sector as a whole. We hope our voice and the voices of fellow industry players will be taken into account as discussions continue about the proposal, in order to protect all the fundamental rights of users whilst tackling the very real concern of CSAM online at an operational level,” added Asko Metsola, Chair of EuroISPA’s Safer Internet Committee. 

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PRESS RELEASE: EuroISPA welcomes progress on the DSA

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Brussels, 20 January 2022: EuroISPA, the pan-European association of Internet Services Providers Associations, welcomes today’s plenary vote on the Digital Services Act (DSA) in the European Parliament, paving the way for interinstitutional negotiations and a potential final agreement in 2022.

Malcolm Hutty, Chair of EuroISPA’s Intermediary Liability Committee, said: “We commend the work of the Rapporteurs and the Shadow Rapporteurs to create a regulatory framework ensuring a safe online environment for users while fostering innovation and competitiveness within the Single Market. The preservation of key principles of the E-Commerce Directive, such as the limited liability regime and the prohibition of general monitoring obligations, will ensure that the Internet industry can continue to thrive for the benefit of all Europeans.”

At the same time, further work in the interinstitutional negotiations will be needed to guarantee a truly future-proof framework. For instance, a clearer distinction between online platforms and pure hosting services providers is needed in order to grant legal certainty for all parties. Provisions on orders to take down content and to provide information to authorities should respect the country-of-origin principle and should be in line with existing and upcoming legislation such as the e-evidence package.

Alexandra Laffitte, President of EuroISPA, shared the association’s views on the upcoming interinstitutional negotiations: “We encourage policymakers to keep the DSA a horizontal framework, to avoid creating obligations which would result in primary liability for service providers, and to ensure that the upcoming rules are balanced and proportionate, especially taking into account the type and size of businesses. We stand ready to support the co-legislators in their efforts to formulate a future-proof framework for the online environment.”

PRESS RELEASE: EuroISPA Calls for Robust Regulatory Digital Framework for the EU and a Timely Decision on the Digital Services Act

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Brussels, 12 November 2021 – EuroISPA, the pan-European association of Internet Services Providers Associations, co-signed a letter calling on the European Parliament to develop a robust regulatory digital framework for the EU with the Digital Services Act (DSA), as part of a broader coalition of leading start-ups and SMEs, alongside technology, advertising, and media organisations of different sizes.

The letter highlights the key areas the signatories believe should be focused on in order to ensure a timely co-legislative process, which will be crucial to strengthening the EU internal market. The letter comes in light of the upcoming Internal Market and Consumer Affairs Committee (IMCO) vote on the matter and notes the need to:

  • Maintain the horizontal approach of the Digital Services Act
  • Preserve and build on the cornerstones of the e-Commerce Directive
  • Build a workable, balanced, future-proof Regulation
  • Ensure consistency with the EU’s existing legal framework

Alexandra Laffitte, President of EuroISPA, commented: “EuroISPA is in a unique position to represent the needs of European Internet Services Providers, so we feel it is particularly crucial to highlight that the DSA should maintain the e-Commerce Directive principles at its core while remaining horizontal in its scope; it should not address issues that are best left to specific, vertical legislation. Along with our fellow signatories, we hope that this letter will emphasise our willingness to bring expertise to the discussions at any point and that it will help policy makers tackle the DSA in a timely and relevant manner.”

EuroISPA represents over 2,000 Internet Service Providers of all sizes across Europe and is an advocate for the needs of the wider internet industry. The Association aims to ensure that policymakers are aware of the needs of EuroISPA’s members in order to make informed decisions.

Read the letter in full here:

211110_Broad-coalition-calls-for-a-workable-balanced-and-future-proof-DSA-in-joint-letterDownload

EuroISPA co-signs industry letter on the EU-U.S. adequacy agreement ahead of ‘Schrems II’ anniversary

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EuroISPA joins industry members to co-sign a letter to EU Commissioner for Justice Didier Reynders and U.S. Secretary of Commerce Gina M. Raimondo calling for a swifter agreement on secure transatlantic data flows, particularly in the context of the invalidated EU-U.S. Privacy Shield Framework.

Signatories recognise the ongoing efforts to create a new, strengthened EU-U.S. framework for the transfer of personal information, whilst highlighting that it is crucial that this be achieved as soon as possible, so as to ensure the growth and innovation of businesses in both the EU and the US.

Read the letter here:

Joint industry letter: Transatlantic industry urge swift agreement on EU-US data flowsDownload

EuroISPA co-signs letter calling for the preservation of the key principles of the E-Commerce Directive in the DSA

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Brussels, 8 July 2021 – EuroISPA joins other industry players in signing a letter calling for the preservation of the E-Commerce Directive principles in the DSA.

The signatories note their support of an ambitious DSA and its objectives to protect consumers, while favouring innovation, growth, and competitiveness. However, the letter also highlights their concern that several Member States have questioned some of the key principles of the E-Commerce Directive, which are crucial elements of the European digital economy.

The letter calls for:

  • A clear distinction between illegal and harmful but legal content
  • The preservation of the limited liability regime
  • The upholding of the prohibition of general monitoring obligations
  • The maintenance of the country of origin principle
  • The limiting of web-blocking obligations
Joint industry letter calling for preservation of E-Commerce Directive key principles in DSADownload

EuroISPA criticises strict one-hour takedown deadline in the new Terrorist Content Regulation

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April 30 2021 – Brussels

Following last week’s adoption of the EU Regulation to prevent the dissemination of terrorist content online by the European Parliament’s LIBE Committee (Civil Liberties, Justice and Home Affairs), the Regulation has now been adopted by the Plenary in second reading, without a final vote.  

Malcolm Hutty, Chair of the Intermediary Liability Committee, commented: “While we welcome several improvements in the final text, EuroISPA regrets the inclusion of an inflexible one-hour timeframe to execute removal orders. Forcing companies to move too fast will inevitably impair the quality of decisions and will risk inappropriate removals of legitimate content and mis-use of the system. This will be especially problematic for smaller businesses without previous experience of encountering terrorist content, who will not have pre-existing relationships with anti-terrorist police and awareness of good practice guidance.”  

EuroISPA also notes that the text could be attacked at the domestic level leading to legal uncertainty for service providers. For instance, the final Regulation contains provisions which are similar to the rules established by the French Law on tackling hate speech online (so called “Avia law”), which were declared to be unconstitutional by the French Constitutional Council in 2020.  

At the same time, EuroISPA notes some important positive changes in the final text. For instance, penalties determined by Member States will need to take into account the nature and size of the hosting service provider, mitigating risks of high sanctions for micro, small, and medium enterprises (MSMEs). “It was important that the regulation does not stipulate obligations to use automatic tools and pursue active content monitoring. However, we will have to observe how the relevant rules will turn out in practice”, said Malcolm Hutty.  

Going forward, EuroISPA’s national members will maintain a constructive dialogue with their respective Competent Authorities and will keep tackling terrorist content online efficiently and responsibly, in order to ensure a safe Internet for EU citizens and businesses.   

EuroISPA shares its views on the Digital Services Act

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Brussels, 31 March 2021 – EuroISPA publishes its views on the Digital Services Act, reflecting the views of the European Internet industry.

EuroISPA is the voice of the European Internet industry, representing over 2,000 Internet Service Providers across Europe, all along the Internet value chain. As we have been engaging in discussions on intermediary liability and content moderation for over 20 years, EuroISPA is proud to share with the EU institutions and interested stakeholders its position on the Digital Services Act (DSA).

Overall, EuroISPA supports the DSA and its objectives to protect consumers and their fundamental rights online, to foster transparency and accountability of online platforms, and to favour innovation, growth, and competitiveness within the Single Market. In particular, we welcome the European Commission’s decision to adopt an evolutionary approach maintaining the key principles of the E-Commerce Directive, such as the limited exemption from secondary liability, while creating a due diligence framework for intermediary services.

At the same time, EuroISPA believes that several changes would be needed in order to achieve a regulation that truly fosters innovation and growth in the Digital Single Market. Therefore, EuroISPA put forward recommendations on every chapter of the DSA, spanning from the definition of online platforms, to intermediary liability provisions, from the due diligence rules, to the overall governance structure.

You can download our position below:

2103-EuroISPA-DSA-positionDownload

NEWS: ePrivacy Regulation – EuroISPA welcomes progress but full alignment with GDPR remains crucial

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Brussels, 10 February 2021 – EuroISPA welcomes the conclusion of the discussions in Council on the ePrivacy Regulation. After over four years of complex deliberations, we are now looking forward to the start of the negotiations with the European Parliament and the European Commission. The current text is the first step towards greater legal clarity and interoperability between the ePrivacy Regulation and the GDPR regimes. This clarity is needed for businesses in Europe to plan, operate, and innovate as well as to allow for the commercial support of the free and open internet. We welcome the introduction of further compatible processing and the performance of a contract as legal grounds for metadata processing. We believe that these must be preserved during the future negotiations if we want to have a coherent and harmonised EU data framework which ensures legal certainty for European businesses. However, we consider that further work on the text is still necessary.

We regret that the Council agreed text reinstated a previous version of the “compliance with a legal obligation”, so restricting even further that legal ground and diverging from the GDPR.

In view of the negotiations, we would like to reiterate the key areas which are worth clarifying:

  • Material scope: We believe that to ensure consistency in the EU acquis, it would be necessary to further define the interplay with the GDPR and clarify when the GDPR stops applying and the ePrivacy starts.
  • B2B processing: In the business-to-business (B2B) context, providers of electronic communications services generally will not have a relationship with the end-users of their services. Clarification is therefore needed that, in such circumstances, consent can be provided by the enterprise customer.
  • Enforcement: There is a need to ensure that supervisory authorities, and enforcement and cooperation mechanisms are consistent with the GDPR standards. We need to avoid a situation where providers could be subject to oversight by multiple supervisory authorities for the same activities across the EU.
  • M2M processing: The application to machine-to-machine (M2M) communications must be limited in scope to high risk instances, instead of applying to any kind of such communications, so as to limit the risk of making a wide range of critical enterprise processes highly burdensome.
  • Privacy-preserving technologies: The industry strives to keep developing privacy-protective data processing alternatives (i.e. on-device machine learning, new aggregation techniques, and other privacy-enhancing advances). The ePrivacy Regulation should not restrict innovative and privacy-protective new approaches that are designed to benefit individuals and strengthen their privacy online.

We look forward to the beginning of the negotiations and we remain willing technical partners to the institutions in defending the much-needed flexibility on the legal basis and the interoperability with the GDPR.

NEWS: EuroISPA co-signs letter on Terrorist Content Online Regulation

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This week, EuroISPA co-signed a letter to representatives of the Council of the EU, the European Parliament and the European Commission on the fourth trilogue on the Proposal for a Regulation on Preventing the Dissemination of Terrorist Content online. We look forward to seeing the outcome of this trilogue, which we hope will take into account the items noted in this letter, including: clarifying the definition of terrorist content, empowering competent authorities to deal with this content effectively, ensuring that over-blocking does not take place, prohibiting general monitoring obligations for hosting service providers and protecting user data.

Read the letter here.

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