The adoption today of new EU data protection rules constitute a key milestone in the Digital Single Market strategy, according to the European Internet Service Providers Association (EuroISPA). After three years of intensive negotiations, the new rules balance innovative uses of data with the need for consumer protection and privacy.

EuroISPA engaged intensively throughout the process of developing the General Data Protection Regulation (GDPR). Internet Services Providers have a crucial interest in ensuring users have trust and confidence in online services. The new agreement achieves that, without jeopardising European ISPs’ ability to innovate and drive the European economy forward. Crucially, the regulation provides future-proof flexibility to ensure development of data-focused technologies and consumer services.

While the new regulation mainstreams data protection rules across sectors, it is essential that the legislation is implemented across the EU in a harmonised manner. The GDPR was inspired by the need to harmonise fragmented data protection rules across the EU. This ambition needs to be maintained in the crucial implementation phase. EuroISPA will continue to engage with both the European Commission and national data protection authorities, to ensure that GDPR implementation allows the European Single Market to thrive.

EuroISPA President Oliver Süme said: “With today’s adoption of the GDPR, Europe is laying down an important milestone in terms of creating trust in the digital economy. After engaging in the three year process leading up to this day, EuroISPA will continue to work with all stakeholders to ensure the ambition and momentum of the Digital Single Market is maintained in important upcoming policy discussions”.

Brussels – 16.03.2016: Today the European Court of Justice took a significant step forward in strengthening the legislative infrastructure that underpins the European information society.

In a preliminary Opinion on the “McFadden case”, the Court’s Advocate General (AG) has found that operators of free public Wi-Fi cannot be held liable for copyright infringements committed on their networks.

This assessment represents a crucial interpretation of the EU E-Commerce Directive, the legal basis that the European legislator has rightly identified as being key to the development of Internet technologies in Europe.

If confirmed, this ruling would provide the legal certainty necessary for a dramatic expansion of public Wi-Fi access points, potentially to the point that free Wi-Fi could become commonly available across European commercial/retail environments.

As per enforcement of copyrights, the AG Opinion’s rightly considers copyright as just one of the many fundamental rights of EU citizens, one that can only be enforced as part of a balanced approach that reflects the importance of competing rights. In particular, the Opinion strongly vindicates the right to privacy of communications, by precluding the providers of Internet services from undertaking general surveillance of user activities on their network in search of copyright-infringing content.

In that context, EuroISPA hopes the Court of Justice of the EU will adjudicate positively with respect to the Advocate-General’s Opinion in McFadden. Strong protections against misplaced liability burdens are a crucial element in efforts to widen and deepen the information society in Europe.

EuroISPA Intermediary Liability committee chair Malcolm Hutty said: “Today’s AG Opinion further strengthens the consensus that copyright enforcement measures must be balanced with fundamental rights. It says that restricting the availability of Wi-Fi access would be a disadvantage for society as whole, that cannot be justified by benefits to copyright holders. I agree: the economic future of Europe depends on the widespread availability of Internet access, wherever you go, whenever you need it.”