Political Representation

The Policy, Law & Regulations division coordinates all eco Association activities which concern the legal and regulatory framework for Internet and network policy. With its Capital Office in Berlin and its office in Brussels, eco delivers on-location representation of the political interests of its members and keeps them up to date on current developments and legislative initiatives.

The division brings together eco’s expertise on the range of relevant topics and ensures a clear political positioning of the association vis-á-vis political stakeholders. The member companies’ interests are brought directly into the political debate through position papers on legislative procedures, hearings and industry positions on the important Internet policy topics. These interests are also incorporated into accompanying event formats and political press and public relations work.

All companies in the Internet industry rely on political and regulatory framework conditions that promote innovation and offer companies legal certainty and economic room for manoeuvre. In 2023, eco continued to advocate for this approach and played an active role in shaping multiple digital policy debates at national and European level.

In federal politics, the year 2023 was once again characterised by a strong focus on energy and climate policy aspects on the part of legislators. In particular, the Energy Efficiency Act sparked considerable discussions among data centre operators. The German federal government’s current energy policy confronts data centre operators with contradictory regulatory approaches. Under the Energy Efficiency Act, data centres are classified as energy-intensive and are obliged to comply with requirements and regulations. The sector has still not been taken into account in the electricity price brake.

After the major legislative packages for the regulation of digital services (Digital Services Act, DSA) and digital markets (Digital Markets Act, DMA) were finalised at the European level, the next step entailed transposition at national level. A German Digital Services Act (DDG) is planned for the transposition of the DSA in Germany, which will incorporate both the Telemedia Act (TMG) and the Network Enforcement Act (NetzDG). Additionally, the Data Governance Act (DGA) initiated the national transposition of a project from the European data strategy.

A special role was also assigned to IT security and the protection of critical infrastructures, not least against the backdrop of the geopolitical situation. In particular, the transposition of the NIS2 Directive and the CER Directive into national laws was subject to criticism. At the same time, progress was made on the Cyber Resilience Act debate at the European level. The topic of open data also continued to play a role at both the German federal and state levels. An Open Data Act was passed in Hesse, for example, and the German federal government also incorporated the topic into its new data strategy.

eco is actively involved in the further development and transposition of the digital strategy through its work on the Digital Strategy Germany Advisory Board. In the field of telecommunications infrastructures and the relevant topics relating to gigabit expansion, eco is active at high-level in the Gigabit Forum of the German Federal Network Agency (BNetzA), with its aim being to discuss the roll-out of gigabit-capable infrastructures, private-sector expansion and funding requirements. In this context, in 2023 eco contributed to the discussion process with policy papers and background discussions and provided recommendations for action.

In 2023, eco also addressed many issues at European level. The European Commission’s proposal for a “Regulation on laying down rules to prevent and combat child sexual abuse” (CSAM Regulation) triggered controversial digital policy debates not only in Brussels, but also in the Member States. It includes obligations for online service providers, hosting service providers and providers of interpersonal communication services (chat, email, messenger).

At the European level, the topic of artificial intelligence was primarily shaped by intensified activities, with work continuing to take place on a dedicated AI law. Following arduous and lengthy negotiations between the European Commission, the Council of the European Union and the European Parliament, the AI Act was finalised at the end of the year.

In relation to international network and digital policy, discussions were held at the United Nations regarding the Global Digital Compact, and the German federal government formulated a strategy for international digital policy.

Looking ahead to the year 2024, important elections are scheduled worldwide. In the USA, the presidential election will take place. In Germany, there will be state elections and the EU elections. Europe is becoming increasingly significant. In particular, European digital policy has become more and more relevant over the years, and companies in the Internet industry perceive increased regulatory density and regulatory approaches in the field of digital policy.

Accordingly, the Policy, Law & Regulations division have seized the opportunity to obtain information on relevant topics and requirements from the competence groups, initiatives and the various committees and departments of eco and its member companies. This has led to the development of positions for a “Digital Policy for Europe 2024-2029”, addressing the challenges and focus topics for the next legislative term of the European Parliament and the Commission.

The current position papers, statements, background papers and PR activities are available on the eco website of the division at international.eco.de/policy-law.