Cross-border data flows: a necessary part of global trade

The European Commission’s Data Governance Act (DGA) represents an important opportunity to develop a better culture of data sharing in Europe, ultimately contributing to boosting Europe’s data economy as well as driving the type of data collaborations that are necessary to support eh EU’s artificial intelligence and digital transformation objectives. Data is a crucial resource for economic growth, competitiveness, innovation, job creation and societal progress – particularly with the backdrop of the recovery from the COVID-19 crisis, it is invaluable for Europe to harness this potential, digitise its industries and compete globally. It is therefore more important than ever to ensure that the power of data can be harnessed and that data can be shared and re-used. Read AmCham EU's position on the DGA here.

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16 Jun 2021
Digital, Trade
Cross-border data flows: a necessary part of global trade

To ensure the European Commission’s ambitions can become a reality, AmCham EU believes that some aspects of the proposed regulation could be clarified further. It will be important of course to ensure that the proposal achieves its stated goal of increasing data sharing in Europe, rather than unintentionally making collaboration more difficult and creating unnecessary confusion on the relationship with current legal frameworks. To help ensure the capacity of the EU’s digital ecosystem and businesses to innovate, AmCham EU outlined key recommendations touching upon the aspects of international access, data sharing services, re-use of public sector data, data altruism and the European Data Innovation Board (EDIB).

In parallel, Tanguy Van Overstraeten, AmCham EU’s Issue Lead for Privacy and Data Protection in the Digital Economy Committee, wrote a blog post emphasising the importance of cross-border data flows to the global economy, as the world’s GDP becomes ever-more digitised. Data governance must focus on enabling, rather than restricting cross-border data flows if we are to reap the full rewards of the new age of trade in digital services. Find the full blog post here.

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From Tuesday, 16 to Wednesday, 17 June, AmCham EU travelled to the European Parliament in Strasbourg, France for a series of meetings on EU trade and external affairs policy developments. The delegation engaged with Members of the European Parliament and political group advisers to share business perspectives on the future of the EU-US relationship. Discussions focused on the need to reset transatlantic trade and investment ties, strengthen Europe’s competitiveness and preserve open, rules-based markets. Members also highlighted the importance of avoiding tariffs, reducing regulatory complexity, deepening cooperation on economic security, critical supply chains and digital policy as well as ensuring that resilience measures remain proportionate, predictable and open to trusted partners.

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How can Europe strengthen its digital resilience while remaining open to the partnerships that drive AI innovation? On Wednesday, 17 June, Malte Lohan, CEO, AmCham EU, addressed this at a conference organised by the Cypriot Presidency of the Council of the EU in Nicosia, Cyprus. Discussions focused on how Europe can build a more resilient digital ecosystem while remaining an attractive destination for investment and innovation. Mr Lohan underlined that secure supply chains and trusted partnerships are essential to Europe’s AI competitiveness. He also highlighted the role of US businesses as committed partners in helping Europe build and compete globally, while stressing the need for balanced policies that strengthen resilience and give companies the confidence to invest in Europe.

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Tech Sovereignty Package: positive steps for energy resilience, but a risky gamble for digital competitiveness

This week the European Commission unveiled its Tech Sovereignty Package. While the Package’s energy proposals mark a significant step forward for EU energy resilience, the Cloud and AI Development Act (CADA) proposal overlooks the reality of global technology supply chains and introduces significant legal uncertainty and fragmentation for businesses.

The central question for the Tech Sovereignty Package is how to build resilience without undermining competitiveness. Concerns around overdependence on a limited number of providers, the risk of external disruption to service continuity and the long-term position of the EU’s digital industries are all legitimate. However, greater sovereignty will only be sustainable if it is built on a competitive, diverse and innovative digital ecosystem. The technologies that underpin the global digital economy are developed through highly international supply chains, with innovation spread across multiple markets.

Viewed through this lens, the individual proposals in the Package vary in the extent to which they reinforce resilience while preserving openness and competitiveness. In particular, the proposed CADA risks discriminating against providers that rely on global supply chains – both those based in Europe and those in third countries – even where they offer superior resilience.

‘An origin-based approach is too blunt for such a complex global market’, said Malte Lohan, CEO of the American Chamber of Commerce to the European Union, commenting on the Package.

‘A more credible path to achieving greater resilience and control in such an interconnected landscape is to define sovereignty in terms of outcomes: secure and reliable technologies, customer choice, strong safeguards against undue interference and a business environment that supports investment and growth. That points to a risk-based framework where the EU is open to working with trusted partners. This trust should be assessed on the basis of objective standards rather than origin alone’, Mr Lohan added.

Last year alone, US technology firms operating in Europe and their supply chains supported €1.0 trillion in EU GDP, equivalent to 5.4% of total output. The scale of this contribution underscores the need for the EU to preserve an open environment with legal clarity and proportionality in any restrictions or safeguards that would impact commercial operations.

The Package’s Strategic Roadmap for Digitalisation and AI in energy is a positive step that could help unlock the benefits of digitalisation for Europe’s energy needs, enabling faster and more flexible grids. Digitalisation provides new opportunities to strengthen the reliability and resilience of energy systems. If executed well, the roadmap could support the growing demand of Europe’s digital and AI sectors for low-carbon energy.

Ultimately, the importance of the Tech Sovereignty Package extends well beyond the technology sector itself. Manufacturers, healthcare and life sciences, financial services, mobility, energy and retail all increasingly depend on access to advanced digital technologies to innovate and compete. For the Tech Sovereignty Package to support these sectors, it must ensure companies in Europe continue to benefit from economic openness.

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