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Elsewhere in regulation this week

Other noteworthy regulatory developments week ending 2 April 2021 from the Assembly Analyst team

In France, ARCEP decided on new indicators for which it can collect data from operators. The decision is noteworthy for two reasons. Firstly, it extends data collection powers to include not only telecoms operators, but also OTT communications providers, in line with the new European Electronic Communications Code. Secondly, ARCEP will start collecting data about operators’ environmental impact, such as energy consumption, sales of refurbished devices (and whether they were subsidised), recycling of devices. The Government plans to give ARCEP the power to request the same data from companies in the digital sector.

The US Trade Representative (USTR) is pressing ahead with action against Austria, India, Italy, Spain, Turkey, and the UK for their implementation of a Digital Services Tax. The USTR determined in January that the DSTs of these countries are “unreasonable or discriminatory” and burden or restrict US commerce. The USTR is seeking input on possible measures to take against these countries, and will carry out hearings between April and May. The USTR also dropped the investigations that were pending against Brazil, Czech Republic, and the EU, noting that these jurisdictions have not yet adopted such a tax.