The author aims at providing an objective and comprehensive analysis of the selected issues (initiatives) under consideration, with respect to the 30 DSM legislative initiatives, addressing 24 issues, proposed by the Juncker Commission since presenting the DSM strategy in 2015. The author then goes on to explain the major issues that the Juncker Commission ignored (or did not address properly) in the 30 DSM legislative initiatives; these have been titled flexible working arrangements: pros and cons, gender digital gap, socio-cultural and political issues, and coherent European strategy for AI.
The DSM strategy, presented by the Juncker Commission in 2015, has been a special topic in the EU. Since then, the Juncker Commission has been able to come up with a number of significant DSM legislative initiatives to make good on the promise of laying a strong foundation for the creation of a fully-fledged DSM in the EU. As the Juncker Commission’s tenure comes to an end in 2019, it is the right time to reflect on these DSM legislative initiatives and determine its success or lack thereof in eliminating various barriers in offering goods and services across EU borders. As expected, some of these initiatives have been more controversial than others. This implies that some of these initiatives received the most attention from both the critics and the proponents.
Undoubtedly, the DSM initiatives have been extensively analysed and written about by many academicians and experts. But, as the author correctly hypothesized, a bulk of this research had been often too narrow. In other words, most of the academic and non-academic papers that have analysed DSM initiatives focused only on a single initiative (the entire paper). Sometimes, the focus of a paper has been even narrower (there are many papers that have focused only on the impact of a particular DSM initiative on a specific variable). The author admits the importance and superiority of this type of research. However, the author opines that it is also important to analyse these initiatives more broadly.
Table of Contents
1. Introduction
2. A connected DSM
3. DSM legislative initiatives
4. Pre-condition for a DSM in the EU
4.1 The impact
4.2 Current barriers
4.2.1 Burden for businesses
4.2.2 Loopholes in the GDPR
4.2.3 Overregulation and Incompatibility
4.3 Eliminating current barriers
5. Highly controversial issues (initiatives)
5.1 The EU regulation on geo-blocking
5.1.1 The impact
5.1.2 Current barriers
5.1.3 Eliminating current barriers
5.2 The EU cybersecurity measures
5.2.1 The impact
5.2.2 Current barriers
5.2.3 Eliminating current barriers
5.3 Proposal for the ePrivacy Regulation
5.3.1 The GDPR and the proposed ePrivacy Regulation
5.3.2 Dual purpose of the draft ePrivacy Regulation
5.3.3 Organized industry opposition
5.3.4 Status of the proposal
5.3.5 Eliminating current barriers
5.4 The EU Copyright Directive
5.4.1 Status of the directive
5.4.2 The (proposed) impact
5.4.3 Controversies
5.4.4 Eliminating (future) barriers
5.5 The VAT DSM package
5.5.1 Status of the package
5.5.2 Key details of the adopted proposals
5.5.3 Critical assessment
5.5.4 Eliminating barriers
6. Less controversial issues (initiatives)
6.1 Revising the CPC Regulation
6.1.1 The (proposed) impact
6.1.2 Remarks
6.2 The EU regulation on wholesale roaming prices
6.2.1 The impact
6.2.2 Remarks
6.3 WiFi4EU
6.3.1 The impact
6.3.2 Analysis
6.4 The portability regulation
6.4.1 The impact
6.4.2 Remarks
7. Future EU digital policy
7.1 Flexible working arrangements: pros and cons
7.2 Gender digital gap
7.3 Socio-cultural and political issues
7.4 Coherent European strategy for AI
8. Main findings
9. Discussion
10. Conclusion
Objectives and Core Topics
This thesis examines the Digital Single Market (DSM) strategy of the Juncker Commission, aiming to provide an objective and broad analysis of its legislative initiatives. The central research objective is to determine the success of these initiatives in eliminating various barriers to the cross-border offering of goods and services in the EU, while identifying key areas that remain overlooked or improperly addressed.
- Legislative initiatives under the Juncker Commission
- Assessment of barriers in the EU Digital Single Market
- Categorization of initiatives into controversial and less controversial
- Evaluation of the GDPR as a foundational pre-condition
- Identification of gaps in current digital policy (e.g., AI, gender gap)
Excerpt from the Book
5.1.1 Indiscriminate access to goods and services
Traders can no longer apply diverse general conditions of access to goods or services for reasons of nationality or the place of residence/establishment of the customer (Herbert Smith Freehills, 2018). For example, a customer in Germany who desires to buy air conditioners from a Spanish website is entitled to order the product and collect it at the trader's premises or organise delivery on his/her own [adapted from (European Commission, 2019)].
Summary of Chapters
1. Introduction: Presents the scope of the thesis regarding the Juncker Commission's DSM legislative initiatives and explains the need for a broad, objective analysis.
2. A connected DSM: Outlines the agenda for 'jobs, growth, fairness and democratic change' set by Jean-Claude Juncker and defines the pillars of the DSM strategy.
3. DSM legislative initiatives: Provides an overview of the 30 legislative proposals initiated by the commission to facilitate a functional DSM.
4. Pre-condition for a DSM in the EU: Discusses the impact of the General Data Protection Regulation (GDPR) and addresses current barriers such as administrative burdens and loopholes.
5. Highly controversial issues (initiatives): Analyzes major initiatives including geo-blocking, cybersecurity measures, ePrivacy, the Copyright Directive, and the VAT DSM package.
6. Less controversial issues (initiatives): Examines initiatives that saw less resistance, such as the CPC Regulation, wholesale roaming prices, WiFi4EU, and the portability regulation.
7. Future EU digital policy: Discusses critical gaps in the DSM strategy, specifically flexible working, gender digital gaps, and a coherent AI strategy.
8. Main findings: Synthesizes the analysis of the 13 discussed initiatives and provides a tabular overview of the results.
9. Discussion: Summarizes the academic contribution of the thesis and addresses limitations regarding data availability and scope.
10. Conclusion: Offers a final assessment of the Juncker Commission's performance, characterizing its DSM success as "tepid" but a significant step toward future policy.
Keywords
Digital Single Market, Juncker Commission, EU legislation, GDPR, Geo-blocking, Cybersecurity, ePrivacy Regulation, Copyright Directive, VAT DSM, Consumer Protection, Roaming, WiFi4EU, Portability, AI strategy, Digital gender gap
Frequently Asked Questions
What is the primary focus of this thesis?
This thesis analyzes the legislative initiatives proposed by the Juncker Commission to establish a Digital Single Market (DSM) in the EU and evaluates their effectiveness in removing barriers to cross-border trade.
What are the central thematic areas covered?
The work covers high-profile legislative topics including data protection (GDPR), geo-blocking, cybersecurity, copyright reform, the VAT e-commerce package, and roaming regulations.
What is the ultimate research objective?
The primary goal is to objectively evaluate whether the Commission's initiatives have successfully created a robust foundation for a functional DSM or if they have introduced new, unforeseen barriers.
Which scientific methodology does the author apply?
The author employs a comprehensive literature analysis, structuring the discourse by classifying initiatives based on their perceived level of controversy and identifying gaps in the current policy framework.
What does the main body of the paper discuss?
It provides an in-depth analysis of specific DSM initiatives, separates them into highly controversial and less controversial categories, and addresses neglected policy areas such as AI strategy and digital labor trends.
Which keywords characterize this work?
Key terms include Digital Single Market, GDPR, geo-blocking, copyright reform, ePrivacy, cybersecurity, and digital integration in the EU.
Why is the GDPR discussed as a pre-condition?
The author considers the GDPR an essential legal prerequisite because it regulates data processing, which is the foundational resource for the modern digital economy.
How does the author evaluate the "link tax" (Article 15)?
The author highlights the controversy surrounding the link tax, citing past failures in Germany and Spain, and warns that it might negatively impact both Google's service availability and the survival of smaller European publishers.
- Arbeit zitieren
- Hilal Jalaludeen (Autor:in), 2019, Digital Single Market. Eliminating barriers in offering goods and services across EU borders, München, GRIN Verlag, https://www.grin.com/document/509383
