Ongoing initiatives of antitrust reform have three things in common. Firstly, data is increasingly seen as an asset that can determine whether a market is competitive or not, and could represent a barrier to entry; secondly, authorities demand stronger powers to monitor big tech and act against them, sometimes even ex-ante; and thirdly, markets are increasingly seen as global rather than national in scope. But it remains unclear whether all governments will follow through with legislation.
Strengthening security for consumer IoT
On 27 January 2020, the UK Government published its policy position on security in consumer IoT. In deciding not to launch a voluntary labelling scheme, the Government recognised it wouldn't have the intended effect to improve customers’ awareness about the security of the IoT products they purchase. This is in line with what is taking shape at the European level, where the European agency for cybersecurity has also found the need for more specific legislation.
A look at Ofcom’s wholesale broadband proposals
Ofcom has published a draft of the UK’s Wholesale Fixed Telecoms Market Review for the period 2021–2026. The review takes into account the faster pace at which full fibre deployment has happened over the last two years, and the role played by alternative operators. The concern for some infrastructure builders is the time it will take to get the enabling regulatory environment in place if they are to meet the Government’s ambitious connectivity target.
What will be keeping regulators busy in 2020?
As we start 2020, we look ahead to the key issues regulators and policymakers will grapple with over the coming 12 months. We consider four broad areas: the first year of work for the new European Commission; the development of 5G (with regard to spectrum awards and network security); broadband policy and roll-out; and the approach to regulating platforms and big tech.
Where are we after 18 months of GDPR?
The EU’s General Data Protection Regulation is 18 months old. Governments of 19 EU countries made submissions to the European Council in preparation for the first review. They highlight some gaps in the legislation, with particular regard to cross-border cooperation and enforcement, monitoring of codes of conduct, and to the need for GDPR to retain a forward-looking view so that it does not stifle technological development.
European regulators are taking a hands-off approach to zero-rating
Regulators in Europe have so far generally taken a hands-off approach to operator’s zero-rating practices. Of 20 cases observed by Assembly in the last two years, only three have resulted in a regulator banning the offer.
Ofcom proposes ‘regulatory sandboxes’ for online markets
With the publication of a position paper on “Online market failures and harms”, the UK regulator Ofcom weighs in on the international debate on how to regulate tech companies. The paper identifies useful aspects for other regulators to consider, and suggests experimenting with remedies through ‘sandboxes’ before extending them to the wider market.
Telecoms operators are increasingly customer-centric
Telecoms operators are moving towards a model where the customer is at the centre of everything they do. This is primarily happening as a result of the industry adopting an omnichannel approach, ensuring that customers are able to get the full value from the services they consume.
The desire to facilitate consumer switching continues
Regulators have done extensive work to facilitate consumers’ ability to switch providers, to foster competition and consumer benefit. Yet switching is still seen as a pain point in some countries. In recent months, initiatives to help customers become proactive in choosing a new contract have taken place in the UK, Japan, and Germany.
The FTC has been the toughest on Facebook so far, but it may not be enough
The fine approved by the FTC against Facebook on 24 July 2019 amounts to almost $5bn. It is far higher than any fine issued in the EU under GDPR so far, and could have been even higher, with Mark Zuckerberg also held personally accountable for the company’s conduct.
