MAMCA Workshop on “Scenario Building”- Osborne Clarke conclusions on legal issues in future scenarios

The current cookie legislation, which is driven by data protection and privacy concerns, but which is not very effective, together with the soon to be in force General Data Protection Regulation, which imposes a heavier burden on digital businesses.

The Brexit case, in which we are witnessing a nation closing in on itself; and the scandal of smart TVs and connected devices sold with their cameras and microphones turned on (to be turned off by the user), for which the CIA is now under attack.

The EU 2030 Climate Framework that, together with the recent Paris Protocol, imposes a big challenge on Europe for the reduction of GHG emissions, the boost in renewables and the energy efficiency increase in the near future; and

Car-sharing and bike-sharing models implemented in all relevant European urban centres, i.e. zipcar, vélo bleu, etc.

The current attention put by the Commission on platforms, accompanied by the on-going investigations carried out by competition authorities on the value of data for platforms, to assess the use of this criterion in the definition of market power; and

The unquestioned growing power of online search engines in online visibility and mapping services; likewise the experiment conducted by F-Secure in London’s financial district in June 2014, where the company set up a free Wi-Fi hotspot with an “Herod clause” in the terms and conditions: in exchange for the Wi-Fi, “the recipient agreed to assign their first born child to [F-Secure] for the duration of eternity”. People accepted.

The on-going reforms in the framework of the Digital Single Market strategy, all of them addressing directly or indirectly consumer protection issues; and

The current raise of cryptocurrencies and the attention of the financial services sector to make use of this innovation and of governments to regulate them.

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