EU, US Path to Tech Regulation Is Cooperation, Speakers Say

The EU and U.S. may not ever agree on some tech regulation but must cooperate, panelists said Tuesday at an EU40-The Network of Young Members of the European Parliament webcast. Both sides of the Atlantic are at a defining moment to meet the challenges of the digital and green economies and must work together, said Mariya Gabriel, European commissioner for innovation, research, culture, education and youth. The EU/U.S. policy agenda includes innovation, which the newly created Trade and Tech Council (TTC) is tackling, she said. “We need to set the global agenda together.” Slovenian Minister for Digital Transformation Mark Boris Andrijanic urged “comprehensive, smart regulation” of digital markets, which can be achieved only by working closely with other trusted allies: The EU and U.S. “will never agree on every detail,” but there's no alternative to partnership, he said.

The premise that the trans-Atlantic relationship is under strain isn't correct, said Peter Harrell, White House National Security Council senior director-international economics and competitiveness. The past nine months have shown a building of ties, and a real commitment to deepening cooperation, particularly through the TTC, he said. Several issues divide the regions, such as data flows, but good mechanisms are in place to work through them. Asked if relations are being held hostage to broader geopolitical politics, Harrell said there's commitment to work together despite the tensions.

Talks on a replacement for Privacy Shield for trans-Atlantic data flows are ongoing, separate from the TTC because they're already in progress, Harrell said. Asked how long the TTC should last and how its success should be measured, Harrell said the U.S. sees it as an ongoing process over at least the next several years: Success will be gauged by whether it delivers the outcomes people on both sides of the ocean want, with concrete agreements on specific issues. He urged stakeholders to “hold us to account” to deliver those outcomes.

Europe seems more optimistic about collaborating with the Biden administration, said Member of the European Parliament (MEP) Eva Kaili, of the Progressive Alliance of Socialists and Democrats, and Greece, who chairs EU40: There may be different approaches to respecting fundamental rights, privacy and other issues, but these can be tackled together. Asked whether the U.S. approach to digital society, which is based on corporate self-regulation, can be reconciled with the European preference for legislation, MEP Franc Bogovic of the European Peoples Party and Slovenia said neither side is likely to adopt the other's stance, but they can reach solutions through dialogue.

Six months ago, it would have been hard to have TTC's kinds of discussions, said Google Vice-President-Public Policy and Government Relations Karan Bhatia. He and Siemens Senior Director-Government Affairs Migle Niauraite urged coordinated approaches to challenges such as cybersecurity, content regulation on platforms, 5G/6G and AI. Google doesn't resist the notion of the need for regulation of markets and online content but is concerned about rhetoric that such measures coming from the EU intend to capture only American companies, and about the rise of protectionist talk being translated into policy.