EuroISPA reponds to DSA public consultation

After over two years of hard work and collaboration, EuroISPA is happy to announce that we have submitted our response to the European Commission’s public consultation on the Digital Services Act. As an association we strive to find a balance between diverse needs, establishing a framework that stimulates EU businesses whilst protecting citizens online.

The Digital Services Act is comprehensive in scope and its impact on the ISP sector will be wide-ranging, as it will review the 20 year old E-Commerce Directive, which has proven essential for finding a balanced liability regime. As such, it has been a priority at EuroISPA to enable ongoing discussions on the DSA over the last two years, gathering insights from our members and coming to decisions that take into account the needs of players across the ISP sector and across the continent. 

Submitting our response is an important milestone for our work on this issue. Indeed, these are the exciting moments of EU-level policy activities, where we see the long discussions and hard work come to fruition, and where we see the needs and recommendations of industry experts being submitted straight to the hands of policy makers.

Read more here.

NEWS: EuroISPA signs letter to strengthen the fundamental principles of the E-Commerce Directive in new Digital Services Act, along with other industry players

June 2020

Spearheaded by Danish Entrepreneurs, Allied for Startups, and DSA4Startups, and signed by industry players including EuroISPA, the letter highlights that it is the opportune moment to re-examine the role of online platforms in the European economy and society, and to update the 20-year-old E-Commerce Directive through the upcoming review of the Digital Services Act (DSA).

The letter notes that the principles present in the E-Commerce Directive are crucial for the sector, as the directive “enshrines an important balance between the intermediary’s responsibilities and the user’s right to expression and information”. These principles include the limited liability regime, the prohibition of general monitoring obligation, and the country of origin principle. EuroISPA and the other signatories of this letter view that these principles should not be discounted in future discussions on the DSA, as they represent the key tenets of the European platform economy. 

The letter also underlines the need to take into account the growth of the industry in any regulatory changes made to the E-Commerce Directive, and emphasises the need for a multi-stakeholder approach to discussions. As the time for reviewing the DSA approaches, the letter’s signatories request that the new regulation take into account learnings gleaned from the COVID-19 crisis, be nimble and future-focused in its approach, and that it be clear and proportional, in order not to have unintended consequences for smaller actors in the space.

EuroISPA represents over 2,300 ISPs of all sizes across Europe and is an advocate for the needs of the wider internet industry; it is therefore particularly keen to support this, and similar activities. The association is now focusing on the open public consultation on the DSA, which will be crucial to bringing the already strong E-Commerce Directive up to speed with the current economic climate. The association aims to ensure that the industry priorities are highlighted to policymakers, in order to formulate a new balanced legal framework.

Read the letter in full here.

EuroISPA publishes points of critique on the German Draft Act amending the Network Enforcement Act (NetzDG)

EuroISPA recently published its points of critique on the German Draft Act amending the Network Enforcement Act (NetzDG) on the European Commission’s portal for notifications of national laws: https://ec.europa.eu/growth/tools-databases/tris/en/search/?trisaction=search.detail&year=2020&num=174.

Having closely followed the ongoing discussions on the NetzDG on combatting hate speech online, EuroISPA voiced its concerns on certain details of the proposal which pose multiple risks, particularly in the context of the association’s work on EU initiatives on intermediary liability. EuroISPA fears an increased risk of fragmentation of the European internal market, with online platforms operating in different European Member States having to put in place specific compliance mechanisms for each individual market, thus making it virtually impossible for new entrants.

EuroISPA supports legislative consistency across the Digital Single Market, and therefore encouraged the German government to wait before further amending the NetzDG. This is particularly important in the context of the open public consultation on the Digital Services Act and how online platforms should be regulated in the future, which is open until 8th September 2020.

Brexit: EuroISPA calls on decision-makers to swiftly agree on trade deal covering digital services

Brussels, 29 January 2020 – EuroISPA calls on decision-makers to swiftly agree on a comprehensive deal covering digital services and ensuring data adequacy, as the United Kingdom withdraws from the European Union.

Dr Maximilian Schubert, President of EuroISPA, declared: “As the Brexit talks continue to shape the future of the relationship between the EU and the UK, EuroISPA urges both sides to ensure that the Internet will remain a key connecting factor for Europe. The Internet has been a major force for economic growth and business innovation, enhancing productivity and efficiency, and bringing consumers new and more affordable goods and services. In the EU this has been underpinned by the common regulatory environment of the Digital Single Market, which reduces regulatory barriers between countries just as the Internet reduces technical barriers. When designing the future relationship, we urge both sides to avoid erecting new barriers that would inhibit this growth, and instead look for each side to learn from the other as we create our digital future.”

Going forward, EuroISPA calls on the UK and the EU to swiftly negotiate and agree upon a trade deal which will redefine their relationship. Such an agreement should ensure the highest degree of harmonisation possible in terms of digital policy, in order to ensure that European ISPs can offer services to European citizens, regardless of whether they live in the EU or in the UK. In particular, data adequacy should be preserved, in order to secure the free flow of data between the two entities.

Stakeholders from the UK have made extremely important contributions to the development of innovation and pro-competitive EU ICT policy for many years. EuroISPA and its member associations are committed to ensuring that the borderless character of the Internet remains intact, and will work to develop innovation-friendly policy that benefits both the UK and the EU Member States.

Internet associations call for a balanced e-Evidence legislation

Brussels, 06 January 2019: EuroISPA has co-signed a statement calling the European Parliament, the Council and the European Commission to strike the right balance between expanding law enforcement’s ability to gather electronic evidence and protecting fundamental rights in the new e-Evidence legislation.

In the joint statement, 11 associations representing the European Internet Industry and users, welcome the European Parliament’s efforts to lead the way in preparations for constructive negotiations with the Council and Commission and ask for further efforts to improve the Parliament’s final report.

The amendments to MEP Birgit Sippel’s proposal will be discussed in the the Civil Liberties, Justice and Home Affairs (LIBE) Committee of the European Parliament in January.

You can read the full statement here.

EuroISPA presents its Principles for the Future of the EU Intermediary Liability Framework

Brussels, 13 November 2019: EuroISPA has published its guiding principles for policy development in the context of the possible revision of the current EU intermediary liability framework.

As the discussions around the reopening of the E-Commerce Directive intensify in Brussels and the new Commission’s President, Ursula von der Leyen, sets the Digital Services Act as priority in the Commission’s political agenda, EuroISPA puts forward a set of guiding principles for a sensible policy development in the field of intermediary liability.

Maximilian Schubert, President of EuroISPA, said: The upcoming revision of the e-commerce directive is an unprecedented opportunity for the EU to develop a forward-looking legislation that embraces innovation and allows the EU Internet industry to remain competitive in the global digital markets. EuroISPA’s members look forward to working with EU policymakers to ensure that legal certainty, trust and confidence in the Digital Single Market are preserved and that the EU legislative framework allows the very diverse European Internet ecosystem to continue unfolding its full potential for growth and jobs in Europe.

Malcolm Hutty, Chair of the Intermediary Liability Committee of EuroISPA commented: “The existing EU intermediary liability ethos has allowed Europe’s digital economy to thrive and thus, EuroISPA’s Intermediary Liability Committee has worked to put together a consensus position that reflects on the fundamental aspects to consider when revising the rulebook for digital services. This consensus is been translated into a set of 17 principles that put liability protections as the key structural element of all digital services.

With these principles, EuroISPA’s members propose a business oriented and innovation-friendly approach that safeguards the rights of users and service providers.

You can download the paper here.

About EuroISPA: EuroISPA is the world’s largest association of Internet Services Providers (ISPs), representing over 2,500 ISPs across the EU and EFTA countries. EuroISPA is recognised as the voice of the EU ISP industry, reflecting the views of ISPs of all sizes from across its member base.

61 industry associations call for reassessment of ePrivacy proposal

Brussels, 8 October 2019: 61 European trade associations, including EuroISPA, urged Member States to ask the European Commission to reconsider its proposal for an ePrivacy Regulation in an open letter.

The draft ePrivacy Regulation was proposed in January 2017. However, several questions about the essential aspects of the proposal remain unanswered. The current ePrivacy proposal has generated great uncertainty across a wide range of industries, whose efforts to comply with the General Data Protection Regulation (GDPR) risk being jeopardised by an incoherent ePrivacy text.

Therefore, while the signatories fully support the objectives of the proposal, they ask for a fresh new attempt to reassess the proposal. The arrival of a new European Commission in November and European Parliament represents an opportunity for a fresh start in the debate, which can only happen if the proposal is fundamentally reassessed in light of the many outstanding concerns, the new legislative landscape and technology development.

You can read the full letter here.

EuroISPA strongly supports end-to-end encryption and opposes calls for backdoors

Brussels, 7 October 2019: The UK, Australia, and the United States asked Facebook and other companies to delay their plans to implement end-to-end encryption across their messaging services and to provide law enforcement with lawful access to their users’ encrypted content. In this context, EuroISPA reiterates its support for strong encryption, a fundamental element to ensure cybersecurity and users’ privacy.

On 4 October 2019, high ranking officials from the UK, Australia and the USA addressed a letter to Facebook requesting it does “not proceed with its plan to implement end-to-end encryption across its messaging services without providing […] means for lawful access to the content of communications to protect our citizens.”

Maximilian Schubert, President of EuroISPA and Chair of the Cybersecurity Committee, reacted: “EuroISPA’s members continuously work with law enforcement towards making the online sphere a safer space for businesses as well as individuals. At the same time, EuroISPA firmly supports strong encryption, as it plays a fundamental role in ensuring cybersecurity and users’ privacy”.

End-to-end encryption in messaging services, as well as cryptographic protocols such as TLS (Transport Layer Security) and HTTPS (Hypertext Transfer Protocol Secure), are essential for creating trust in the Internet. The now suggested techniques aim to allow law enforcement to access private communications. Experience has however shown that such measures will always be exploited by ill-intentioned hackers, undermining cybersecurity and privacy for all users and businesses online. This would weaken that very trust and might result in a slower take-up of online services throughout the EU.

Therefore, given the societal advantages of encryption and the negative effects of mandatory backdoors, EuroISPA opposes the request of the United Kingdom, Australia, as well as the United States. EuroISPA’s members stand ready to collaborate with law enforcement authorities to assist them in criminal investigations.

EuroISPA report on Priority Flagging Partnerships in Practice

We are happy to share EuroISPA’s report on Priority Flagging Partnerships in Practice.

The document provides a first structured insight into best practices from companies with priority flagging partnerships in place in order to improve their management of illegal content online, where the information was gathered through a written survey shared amongst EuroISPA Forum Members and external companies.

A broad range of ISPs, including online marketplaces, social networks, search engines and providers of content delivery networks shared their input and insights. Thanks to this survey, we gathered information on the variety of stakeholders involved, on the existing selection processes, on the rights and duties of priority flaggers, on the different types of content reported, etc.

The report can be found here

10 organisations share concerns on unworkable 1-hour timeframes to remove terrorist content online

Brussels, 5 April 2019: EuroISPA and nine other organisations from the digital sector and civil society call on the European Parliament’s Civil Liberties Committee to adopt the proposal on tackling the dissemination of terrorist content online without an unworkable one-hour timeframe to remove content. 

The proposed timeframe does not take into account the size and economic capacity of hosting service providers. European small and medium-sized enterprises not operating a 24/7 service, for instance, would not be able to comply with removal orders being sent outside of working hours.

Instead, we suggest to follow a more pragmatic approach which would mandate hosting service providers to execute removal orders “as soon as possible”. Such an amendment would be compliant with European citizens’ fundamental rights and protect the competitiveness of digital businesses, while ensuring a good framework of cooperation between hosting service providers and Member States to tackle the dissemination of terrorist content online.

You can read the full letter here