Members of the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) exchanged views on Thursday 8 December regarding compromise amendments to the future ‘Data Act’ (see EUROPE 13078/14).
While progress has been made on some points, a number of technical issues, such as functional equivalence or barriers to ‘switching’, remain unresolved.
With regard to ‘switching’, several avenues are being explored. The EPP has proposed, for example, that the different stages of the data transfer process be identified and that the responsibility of each party arising from this should be defined. However, a balance will also have to be found, as the rapporteur, Adam Bielan (ECR, Polish), pointed out in order not to impose “too many burdens on SMEs”.
Also on this point, some MEPs, such as Fancisco Guerreiro (Greens/EFA, Portuguese), stressed the importance of “not allowing ‘Big Tech’ to impose contractual conditions that would discourage switching”. For others, like Morten Løkkegaard (Renew Europe, Danish), “ contractual freedom” should remain a priority.
Furthermore, discussions will also be needed on the elimination of unjustified costs for users. “These fees should be removed as soon as possible. Some costs could be maintained if they correspond to very complex technical work. The aim is also to open up the market to competition”, said Maria da Graça Carvalho (EPP, Portuguese).
At the next meeting of the shadow rapporteurs on 12 December in the margins of the European Parliament plenary session in Strasbourg, further discussions will also be held on the issues of portability, interoperability, Cloud services and third party service providers. The vote in IMCO – the linked committee on this dossier – is expected to take place on 24 January. (Original version in French by Thomas Mangin)