EUROPE'S DIGITAL FUTURE: PERSPECTIVES FROM NORTHERN EUROPE - Europe's Digital Future - IIEA
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Contents Introduction ........................................................................................ 4 Denmark .............................................................................................. 5 Estonia ................................................................................................... 13 Ireland ................................................................................................... 20 Netherlands ........................................................................................ 31 Sweden ................................................................................................ 40 3
Introduction digital sovereignty; to identify key issues or interests in the debate that are particularly relevant for each Member State; and to offer an The concept of ‘digital sovereignty’ has initial assessment of the possible implications emerged as a prominent new theme in of a digitally sovereign EU. European digital policy, and is one which may have important implications for the future of First, Jan Høst Schmidt of Think Tank Europa the EU and its Member States. outlines Denmark’s view of the topic. He notes his country’s more sceptical view of the concept The full scope and detail of the concept remain of European digital sovereignty, but identifies poorly defined, but European Commission important European digital policy priorities President Ursula von der Leyen has written that which Denmark supports. Dr Adrian Venables digital sovereignty “describes the capability of the Tallinn University of Technology (TalTech) that Europe must have to make its own highlights the positive contribution Estonia choices, based on its own values, respecting may be able to make to the development of its own rules.” The European Commission’s European digital sovereignty by drawing on 2030 Digital Compass: the European way for the Estonia’s experience as a leader in digitalisation. Digital Decade sought to flesh out the concept Séamus Allen of the Institute of International further, outlining the need to develop policies and European Affairs (IIEA) in Ireland describes and technological capabilities that empower it how European digital sovereignty may have to achieve a “sustainable and more prosperous implications for many of Ireland’s key interests, digital future” while addressing Europe’s digital although to date the concept itself has received “strategic weaknesses, vulnerabilities and little attention in Ireland’s public discourse. Brigitte high-risk dependencies.” Dekker of the Clingendael Institute presents the prominent discussion on digital sovereignty While it is clear that the issue of digital taking place in the Netherlands and outlines sovereignty is one that could have far-reaching how the Netherlands is playing an active role in consequences for the EU, to date it has shaping Europe’s digital policies. Finally, Gunnar engendered only limited debate at national Hökmark, of the Stockholm Free World Forum, level in many EU Member States. As such, in provides a perspective from Sweden, noting his early 2021, the Institute of International and country’s preference for a Europe that is open European Affairs (IIEA) launched the Europe’s and competitive, and which does not close itself Digital Future project, which is supported by off from an increasingly digitalised world. Google, to explore what the concept of digital sovereignty means, and what future it might In a world in which digital technology plays herald for the EU and for Europe’s small, open an increasingly vital role across all aspects economies, in particular. of society, the direction in which European digital policy develops will have significant In pursuit of this goal, the IIEA has convened implications for Europe’s prosperity and a transnational network of institutions, initially society. The emerging nature of European comprised of think tanks and universities, digital sovereignty and the role this concept from Denmark, Estonia, the Netherlands and will play in shaping Europe’s digital policy Sweden, in addition to Ireland. may thus have great importance for Europe’s future and for the role of Europe in the world. This is the first joint report published by this This report is intended to provide a framework network1. It seeks to highlight the perspectives to promote further discussion, debate and of some of Europe’s ‘digital frontrunner’ states. research on this vital subject. This report consists of short papers outlining the national perspectives of each participating The IIEA would like to express its gratitude to Member State. These short papers seek to the participating authors and their respective assess whether and to what extent these organisations for their work on this report, and Member States have national debates or for their ongoing participation in this project. strategies on the topics that are related to As an independent forum, the IIEA does not express opinions of its own. The views presented in this report are those of the authors alone. 4
DENMARK The limited Danish debate on EU Digital Sovereignty reveals clear scepticism about the concept of digital sovereignty. Jan Høst Schmidt, Think Tank Europa 5
Introduction its strategic weaknesses in digitalisation, but to avoid a protectionist approach.6 The concept of EU Digital Sovereignty was In March 2021, the Danish Government launched launched by European Commission President a Commission on Digital Partnership with Danish Ursula von der Leyen in her first State of the business, social partners and experts to maintain Union speech on 16 September 2020. Referring Danish digital leadership and improve Danish to Europe’s need for a digital transformation businesses’ competitiveness. The mandate of with emphasis on more data production and the Partnership Commission has no reference to protection, European production of Artificial the concept of EU Digital Sovereignty, although Intelligence (AI) and a strengthened digital the Partnership Commission is asked to take infrastructure in the EU, the President announced account of international experiences in the that “None of this is an end in itself - it is about digital area and EU digital initiatives.7 Europe’s digital sovereignty, on a small and large scale”.2 In June 2021, the Government launched a debate on regulation of the tech-giants on the The term ‘digital sovereignty’ is widely used in basis of a White Paper. This White Paper calls EU policy circles and refers to the EU’s ability for more responsibility for the tech-giants on to obtain a sense of independence from third- data protection, more regulatory powers for country providers of key technologies.3 But it is the public authorities with respect to dominant also an unclear concept. positions of major platforms and a fairer tax contribution from the tech-giants.8 To the Danish Government, for example, the concept of digital sovereignty includes a risk of Despite scepticism about the term “EU digital protectionism and loss of innovative industrial sovereignty”, the Government generally capacity. In several exchanges with the Danish supports the regulatory line in the proposed Parliament on the German and Portuguese Digital Services Act and Digital Markets Act as Presidencies’ programmes on the Single well as the proposal on AI.9 Market and digitalisation, the Government has supported a strengthening of the EU’s capacity to develop new digital technology and to Denmark is ensure that the Digital Single Market operates on European values and rules. But the Danish amongst the top Government also expresses concern that such a performers with strategy must not lead to a closed-off Internal Market.4 In addition it should be noted that the respect to digital use of the term ‘sovereignty’ in an EU-context is in itself sensitive in Denmark, where research transformation has documented the prevalence of a strong According to the European Commission public perception of EU-integration leading to scoreboard on digital performance, Denmark the erosion of national sovereignty.5 ranks amongst the four best performing EU- countries, with Finland, Luxembourg and The Danish Prime Minister together with the Netherlands, and on top of the global list over political leaders of Germany, Estonia and Finland the period 2015-18, cf. Figure 1.10 co-signed a letter to Ursula von der Leyen ahead of the European Council on digitalisation in the EU, which took place ahead of the March EU Summit. In the letter, the four Prime Ministers call for the EU to build on its strengths and reduce 6
Figure 1. Digital performance 2015-18 of EU Top 4 against the rest of the world, according to the European Commission’s overall scoreboard for digital performance Note: Denmark is in the EU top 4 category every year of the period and with the highest 4-year average together with Finland cf. International DESI 2020 final study report, Annex 3 table 6. Source: International Digital Economy and Society Index 2020, European Commission 2020 - https://digital-strategy. ec.europa.eu/en/policies/desi ICT plays an increasing role for Danes population between the ages of 16 and 74 according to a study based upon a survey years who use social networking services such conducted by The Danish Statistical Office.11 as Facebook or Instagram. According to the 2020 report, 3.8 million Danes In 2014, all communication with public were e-shoppers in 2019, corresponding to authorities was made digital with exceptions approximately 80% of the population between for elderly people and people with special 16-89 years. Compared to 2011, there were disabilities. In 2019, 90% of Danes used the 900,000 more e-shoppers in 2019. The share obligatory public mailbox for communications of e-shoppers has increased especially in the with the public authorities, while 9% were elderly population, where it has tripled since exempted. To the question ‘To what extent do 2011. you trust public authorities to take good care of your personal information?’ most people At 23%, Denmark is the EU country with the responded ‘high’ or ‘to some extent’ (27% and highest proportion of citizens who have used 49%, respectively). 23% have lesser or no trust ‘smart home’ products, and at 81% is the EU that the public authorities take good care of country with the largest proportion of the their personal information.12 7
Key issues in the plan to deliver input to the Digital Partnership Commission.16 Danish debate on digital As part of the Danish digital transformation process, the Danish Recovery and Resilience transformation Plan (RRF-plan) reserves spending of €0.4 billion for digitalisation projects, mostly in the The debate in Denmark to a large extent public sector, corresponding to 25% of the plan. focuses on how to further improve the national €0.2 bn is for a project to establish a digitalised digital capacity of public and private sectors, carbon emissions tax in Denmark as part of including how to secure high-speed fiber and its ambition to reach 70% CO2-reduction in 5G in all parts of Denmark, how to improve 2030. The Recovery and Resilience Plan in the digital skills of the Danish population addition supports the digital transition through and how to secure continued trust in digital investments in strengthened connectivity and solutions and in the use of data, including how increased digital export opportunities for SMEs to regulate the tech-giants. plus an upgrade of digitalisation in the health care sector.17 The Government’s mandate to the Commission for Digital Partnerships covers five broad areas: On top of EU-funds for investments in spreading The future digital public sector; the future of ultra-fast fiber to remote areas of Denmark, digital businesses and workplaces; a better the Government has agreed with the main public-private partnership and innovation; telecom companies operating in Denmark to a data-driven society; and Denmark in the secure a roll out of 5G to 75%. of the Danish future.13 These broad areas are to a large extent population by 2025. This agreement has been comparable to the four areas outlined by the reached in the context of the auctioning out of European Commission in its Communication frequency allowances for the 3.5 GHz-band to “2030 Digital Compass: The European Way for the companies.18 the Digital Decade”.14 Irrespective of its concern about the term According to its mandate, the Danish “EU Digital Sovereignty”, the Government Commission shall take account of ongoing recognises the need, in certain cases, for work on a digital strategy for the entire public support to strengthen critical technologies with sector, for relations between the public and identified high risk dependencies. But in such private sectors, on a national strategy for a case the identification of those technologies cyber- and information security and on a should take place on the basis of a transparent strategy for better coverage of remote areas analysis with clear identified criteria.19 of Denmark.15 The Government has, in exchanges with the The Association of Danish Industries, DI, Danish Parliament in May 2021, announced that that will be a key player in the work of the it will work for an EU regulation of platforms, Partnership Commission, has presented 46 which in accordance with the general thrust of proposals to improve digital transformation in the Commission’s proposals, will have clear and Denmark. The DI’s plan to a large extent focuses simple rules for platforms’ responsibility with on simpler regulation through digitalisation of respect to illegal content. For AI, the framework the regulation, securing better competences in should take account of the risks associated digital skills in the workforce plus support to with the use of the technology, but also make Danish SMEs to develop smart digital solutions it easier to innovate in this area and scale up and use new technologies such as AI. The DI cross-border wise. Finally, the Government plans to launch a large debate amongst Danish supports new instruments to limit the market businesses to discuss the individual parts of its power of mega-platforms to ensure that they 8
do not prohibit other platforms from entering the market. In this context the Government is Key elements for open for suggestions to target regulation of a better digital mega-platforms, for example, by preventing them from promoting their own services at the transformation of expense of other services.20 the EU and Denmark This line on the regulation of the platforms is From a Danish perspective, to have positive repeated in the Government’s White Paper implications, the EU strategy on digital on the better regulation of the tech-giants. transformation would have to focus on a The paper launches nine principles for number of elements, some of which are already debate, including more transparency on the part of the Commission’s strategy for an EU platforms’ business models and algorithms, digital compass, some of which have been more responsibility from the firms concerning developed by independent analysts, including content on the platforms, clearer limits on the Think Tank Europa27. First of all, EU businesses platforms’ dominant positions and a better would have to cooperate and compete with contribution of the tech-giants via taxation.21 global industries to be innovative. Direct support for development of technologies such The DI advocates that Denmark should take as AI would have to take place on the basis an active part in the EU discussion on digital of clear and transparent criteria. More EU and transformation, using best practice to make this national resources would have to be devoted regulation fit much better for the digital age.22 to developing new technologies and standards for these technologies. Recently the President of the IT-workers’ Association, Prosa, criticised the GDPR for An ex-ante risk-based regulation of AI as being too complicated, calling for a review proposed by the Commission may work if of the policy. Prosa wants a system giving based on clear criteria and rules. Details of each citizen the possibility to decide who, that regulation should preferably be discussed for what and when the citizens’ data will be with global partners. used, and that the use of data is prohibited unless consent from the citizen has been Open and interoperable standards both off-line given.23 So far this has not been taken up at and online should be the rule, and standards the political level in Denmark. However, MEP should be developed in cooperation with Karen Melchior (Renew Europe) has raised the important global partners. Besides technical issue of continued reductions in the resources criteria, energy efficiency and sustainability for the Danish Data Authority leading to a criteria will also have to be developed for a more reduced capacity to act swiftly.24 green and sustainable European economy. On an EU digital tax, the former Danish Liberal Regulation of platforms should ensure Prime Minister, after having blocked the compliance with the rules of content and rules proposal together with other Member States in ensuring a fair and high level of competition November 2018, changed course and adopted among all platforms operating in the EU. To a favorable position - if the tech-giants did this effect a special set of rules for mega- not, on a voluntary basis, pay more taxes in platforms or gatekeepers, as proposed by the Denmark and the EU.25 The present Social- Commission, would seem appropriate. But it Democratic Government in its White Paper should not discriminate, and should be for all seems to await the result of the negotiations mega-platforms including EU-based ones. in the OECD, hoping for an international solution after US-President Biden’s proposal of It will be important for the EU to have the a minimum corporate tax of 21%.26 means to break-up big tech companies in 9
case of abuse of dominant positions, but the European Commission should allow tech and telecommunication companies in the EU to scale-up, especially via cross-border mergers, in order to leave room for more private investments in connectivity and innovation. More EU resources, including more financial support from the structural funds, and national resources will also have to be allocated to promote the faster roll-out of ultra-fast fiber and 5G in the EU and to support digital skills in the population. Following the Danish experience, it might be envisaged that plans could include targets with respect to the timing and percentage of the population who will benefit from the roll-out of 5G in connection with contracts for licenses for radio spectrums. Intra-EU cooperation of data centres should be developed. The GDPR, which has been a success, should nevertheless be reviewed to improve clarification and reduce complexity. To this effect the regulation should focus less on individual consent and more on ex- ante responsibility for data use and liability for reasonably foreseeable harms for data users. Collection of data like traffic data and to a certain extent car data should be allowed, whereas use of health data should be prohibited unless explicit permission is given by the individual citizen. Reference to sex, race and religion should not be processed, unless explicit consent has been given by the citizen. The devil will be in the details of the proposals which will be part of the strategy. In a Danish context, it is at this stage clear that the term EU digital sovereignty is not mobilising Danish support. However, the elements highlighted above will, if implemented in practice, lead to big benefits for EU societies and for business competitiveness. 10
Endnotes 1. The first report of this project, European Sovereignty in the Digital Age, by Séamus Allen, IIEA, provides an overview of the digital sovereignty debate to date, and can be downloaded here: https://www. iiea.com/publications/european-sovereignty-in-the-digital-age 2. State of the Union 2020 Address by President Ursula von der Leyen, European Commission. https://ec.europa.eu/info/strategy/strategic-planning/state-union-addresses/state-union-2020_en 3. EU ‘punching well below its weight’ in digital technologies, von der Leyen warns, EurActiv. https://www. euractiv.com/section/digital/news/eu-punching-well-below-its-weight-in-digital-technologies- von-der-leyen-warns/ 4. Answer to Question No 2672021 at the request of the Business Committee, Folketingets Erhvervsudvalg, https://www.ft.dk/samling/20201/almdel/eru/spm/267/svar/1738550/2322808/index.htm 5. Suveræne Danmark (2017), Think Tank EUROPA. http://thinkeuropa.dk/pdf/Rapport_Suveraene_ Danmark_final.pdf 6. Letter from the leaders of Denmark, Estonia, Germany and Finland to Commisison President von der Leyen, published in Politico https://www.politico.eu/wp-content/uploads/2021/03/01/DE-DK-FI-EE- Letter-to-COM-President-on-Digital-Sovereignty_final.pdf 7. Nyt digitaliseringspartnerskab skal bringe Danmark stærkere ind i fremtiden, Finansministeriet https:// www.regeringen.dk/nyheder/2021/nyt-digitaliseringspartnerskab-skal-bringe-danmark-og- danske-virksomheder-ud-af-coronakrisen-og-staerkere-ind-i-fremtiden/ 8. Mod et bedre samfund med tech-giganter, Regeringen https://em.dk/media/14217/hvidbog- techgiganter.pdf 9. Samlenotat fra Erhvervsministeriets notat af 4.maj 2021. FT EEU. https://www.eu.dk/samling/20201/ raadsmoede/573064/bilag/3/2393210.pdf 10. International Digital Economy and Society Index 2020, European Commission. https://digital- strategy.ec.europa.eu/en/policies/desi 11. The survey is based upon a harmonised EU questionnaire (ICT usage by individuals and in households 2019), but the study additionally covers a range of specific national questions. See IT-anvendelse i befolkningen, Danmarks Statistik, March 2020- https://www.dst.dk/Site/Dst/ Udgivelser/GetPubFile.aspx?id=29449&sid=itbef2019 12. Ibid. 13. Digitaliseringspartnerskab om Danmarks digitale fremtid https://fm.dk/media/18780/kommissorium- for-digitaliseringspartnerskab-om-danmarks-digirale-fremtid_a.pdf 14. The Digital Compass, European Commission. https://digital-strategy.ec.europa.eu/en/policies/ digital-compass 11
15. Ibid. 16. Digitalt partnerskab styrker kickstart efter coronakrise, DI. https://www.danskindustri.dk/di-business/ arkiv/nyheder/2021/3/di-digitalt-partnerskab-styrker-kickstart-efter-coronakrise/ 17. Denmark’s Recovery and Resilience Plan – Accelerating the Green Transition. Government of Denmark https://fm.dk/media/18771/denmarks-recovery-and-resilience-plan-accelerating-the-green- transition_web.pdf 18. Danskerne får bedre dækning og hurtigere adgang til 5G. Government of Denmark. https://ens.dk/ presse/danskerne-faar-bedre-daekning-og-hurtigere-adgang-til-5g 19. Samlenotat fra Erhvervsministeriets notat af 4.maj 2021. FT EEU https://www.eu.dk/samling/20201/ raadsmoede/573064/bilag/3/2393210.pdf 20 Debat om tyske fmd i november 2020 20. Debat om tyske fmd i november 2020 21. Mod et bedre samfund med tech-giganter, Regeringen. https://em.dk/media/14217/hvidbog- techgiganter.pdf 22. Digitalt partnerskab styrker kickstart efter coronakrise, DI. https://www.danskindustri.dk/di-business/ arkiv/nyheder/2021/3/di-digitalt-partnerskab-styrker-kickstart-efter-coronakrise/ 23. GDPR er uforholdsmæssigt kompliceret, Niels Bertelsen, Prosa https://www.prosa.dk/artikel/gdpr-er- uforholdsmaessigt-kompliceret/ 24. Karen Melchior om GDPR: Datatilsynet er afgørende – men bliver igen og igen beskåret, Karen Melchior, Altinget Digital. https://www.altinget.dk/digital/artikel/karen-melchior-om-gdpr-datatilsynet-er- afgoerende-men-bliver-igen-og-igen-beskaaret 25. Statsminister Lars Løkke Rasmussens tale på Venstres EU-landemøde, Published in Venstre. https:// www.venstre.dk/nyheder/venstres-formand-statsminister-lars-loekke-rasmussens-tale-til-venstres- eu-landsmoede-2019. 26. Mod et bedre samfund med tech-giganter, Regeringen https://em.dk/media/14217/hvidbog- techgiganter.pdf 27. The Digital Compass, European Commission, https://digital-strategy.ec.europa.eu/en/policies/ digital-compass; and Disrupting Europe. From laggard to digital frontrunner, Think Tank Europa. http:// english.thinkeuropa.dk/node/213 12
ESTONIA An enthusiastic proponent of digital sovereignty, which offers much to this highly digitised nation. Dr Adrian Venables, Tallinn University of Technology 13
Key issues in and message individual pupils or entire classes. This information is also accessible by parents the Estonian who stay closely involved with their children’s debate on digital progress. Due to this technology, Estonia was able to quickly switch to remote learning transformation during the COVID pandemic and as a result fared better than many other countries.33 With Since it achieved independence in 1991, Estonia a quarter of a century of digital innovation and has arguably become best known for its rapid a culture that constantly seeks to improve and digital transformation, which began with the modernise, Estonia is in a prime position to ‘Tiger Leap’ programme in 1996. Launched lead Europe’s path to digital sovereignty. by President Lennart Meri, this connected all schools to the Internet by the year 2000 and was combined with large government- Estonia’s backed investments in computer networks contribution to and infrastructure.28 The culture of innovation resulted in Estonia being hailed as the ‘world’s Europe’s digital most digital society’ by Wired magazine in sovereignty 2015.29 Estonia became known for technology- based start-ups, with Skype, Taxify (now Bolt), With a society already well aware of the and Transferwise becoming global brands. benefits of digitalisation, Estonia has been quick to recognise and promote the Although other countries have since caught up advantages of European digital sovereignty. with Estonia in terms of digital transformation, From a national perspective, the country will the country still ranks highly in the European benefit significantly from more Europe-wide Commission’s Digital Economy and Society digital transactions. As a small nation of only Index (DESI).30 Most notably, Estonia ranks 1.3 million situated on the north-eastern edge first in the digitisation of public services with of Europe, Estonia is disadvantaged in several over 99% of transactions with the government ways. Although space for manufacturing authorities available online, 24 hours a day. industries is plentiful, geographically long This is possible due to a national identification supply chains and limited personnel resources card, which is paired with a digital signature provide unfavourable conditions when that has the same legal status as a hand signed competing in traditional markets against other written document. This enables Estonians to central European countries. With time and pay taxes, vote, conduct banking transactions space constraints not an issue in the supply of and access their health records online. The digital services, Estonia is in a prime position to advantages of this system is acknowledged by exploit the opportunities presented by greater the population, with 95% of taxes filed online European digital sovereignty. using information stored in a pre-filled form.31 E-services are only unavailable for marriages, Keen to increase the progress towards what divorces and real estate transactions, although has been termed a ‘digital single market’, in as a result of COVID-19, there is an initiative March 2021, the Prime Minister of Estonia to conduct some of the initial procedural joined Heads of State of Finland, Denmark and elements remotely as well.32 Germany in writing a joint letter to the President of the European Commission. Highlighting The introduction to the digital society starts that Europe is falling behind its international at school with web applications enabling competitors, the letter emphasised the parents, teachers and students to collaborate advantages of greater digital transformation. and organise information. Teachers enter Drawing parallels to the established norms in grades, attendance information, homework the trade of physical goods between nations, 14
the Prime Ministers emphasised the need competitors in this area. Although the DESI for digital policies involving governments, report indicated that Estonia has more than society, and the economy.34 With its co- 120 mobile subscriptions per 100 people, the signatories, Estonia highlighted three key steps introduction of 5G technology is lagging. While to strengthen the EU’s digital sovereignty. some European cities already have deployed First is to identify the critical technologies the technology, Estonia’s 5G roadmap seeks to and strategic sectors that will clarify the introduce the capability by 2023.38 The same EU’s strengths and weaknesses in the digital is true to a certain extent in the introduction environment. Secondly, the EU must strengthen of Gigabit internet speeds. Despite having its approach to critical technologies and almost universal Internet access, Estonia’s strategic sectors. This requires open markets low population density outside of the main and supply chains to prevent dependencies cities has resulted in a reduced programme of on single suppliers. Finally, the leaders noted network upgrades in the countryside. In 2020 the need for a monitoring system that should the country was only rated as 47th in the world be permanent, repetitive, and based on social, in terms of fixed broadband speeds.39 This scientific, and economic principles. This would factor may also explain the state of digital encourage innovation and development in transformation of some of Estonia’s businesses. order to ensure European sovereignty, security, The digital compass refers specifically to EU and competitiveness in the development of companies using so called ‘cloud’ services as digital technologies.35 well as Artificial Intelligence (AI) and the use of ‘Big Data’. However, the DESI report noted At the same time that the Estonian Prime a ‘relative weakness’ as regards connectivity Minister signed the joint letter to Ursula von and the digitisation of Estonia’s businesses, der Leyen, the EU itself presented a vision for hindered perhaps by the lack of high-speed its digital transformation by 2030.36 Termed the services.40 The final component of the digital ‘digital compass’ due to its four components compass is the digitalisation of public services (Skills, Government, Infrastructures and in which Estonia excels. In a June 2021 meeting Business), the Tallinn government has been a of EU telecommunication ministers, the strong supporter of its proposals as they already Estonian minister of entrepreneurship and IT align with Estonia’s own digital ambitions. commented on the use of digital services across The first aim of the EU’s vision is an increase Europe. He stated that the digital services of in Information Communication Technology EU Member States must be made available (ICT) specialists and to ensure that a minimum to all European citizens – a principle at the of 80% of the population have basic digital heart of digital sovereignty.41 Significantly, skills. Estonia has had a programme to attract he also emphasised that digitisation is not a more young people into ICT running since goal in itself but creates practical solutions 2012. Termed the ‘ProgeTiger’, this programme and added value from which businesses and aims to improve the technological literacy and citizens will benefit. Supporting this view, the digital competencies of teachers and younger European Commission also introduced its students. Courses available include robotics, own vision for the newly announced European 3D technology and programming with pre- Digital Identity. This will enable EU citizens in schoolers learning the basics of coding.37 one country to access the same e-services that Familiarity in all forms of ICT is encouraged, are available to other European nationals and with increasing emphasis on cybersecurity a vice versa. feature of more recent programmes. Of particular relevance to Estonia’s The second component of the digital compass contribution to Europe’s Digital Sovereignty is having secure and sustainable digital programme is the European Commission’s infrastructures. This is a particularly important recently presented framework for a trusted issue for Estonia, which has fallen behind its and secure digital identity for all Europeans. 15
This includes the provision of a digital wallet other as if they were members of the same for Member States’ citizens and businesses. ecosystem. This enables easy and secure This will enable the digital identification to cross-border data exchange between these be linked to other forms of identification and networks and ecosystems. facilitate the switch from paper documents to digital ones. As the intention is for the digital Finally, no discussion of digital sovereignty wallet to be built on existing digital identities can be complete without including another issued by Member States, Estonia’s own ID unique Estonian contribution - that of the cards and electronic ID solutions would not be Data Embassy. This is an extension of the replaced. Instead, all states would be obliged government’s network infrastructure, but to make their own compatible digital forms the server resources are located outside the of identification available to their citizens. To country’s territorial boundary and is protected assist with this aspect of digital sovereignty, at the highest accreditation level for data Estonia has unique experience and capability facilities.44 In June 2017, the governments in the form of the ‘X-tee’. This system is at the of Estonia and Luxembourg entered into a heart of Estonia’s digital society and is based bilateral agreement in which Estonian data on the premise that data is only stored once in and associated systems were to be stored a single location at its point of creation. When in Luxembourg’s government-owned data needed, other approved agencies can access centre.45 Luxembourg was chosen as the first the data without having to download or create data embassy location because of its facilities their own versions, which could then become and willingness to enter into what was then a outdated if the original data changes. new concept in national security. By protecting essential national data that is only available in Estonia’s X-tee environment includes the full digital form, this initiative mitigates the risk of range of public and government services loss due to natural disaster or cyber, terrorist, or with each having its own information system military attack. As this is not an embassy in the connected to the network. Currently there are traditional diplomatic sense, it is a completely nearly 3000 different services that can be new concept under international law, but does used by the X-tee and in 2020 over 1.5 billion take into account the Vienna Convention on data requests were made.42 To ensure that Diplomatic Relations. This includes having the all transactions are secure, outgoing data is same rights as physical embassies, such as digitally signed and encrypted and incoming diplomatic immunity from interference. Based data is authenticated and logged. As well on this model, a future component of Europe’s as enabling citizen to readily access public digital sovereignty could be leveraging services, it also provides a high level of trust in further bilateral relationships to increase the the system. This is because all users are able community’s data resilience through the use of to identify which agencies have accessed their data embassies. personal data. Although the X-tee is currently only used by a small number of countries, it is an ideal system to support the EU’s wider Conclusions data sharing aspirations. This is due to its Estonia was one of the first nations to embrace compatibility with multiple types of information digital transformation and the country has systems, its ability to transmit large data sets, reaped the economic and social benefits of and its capability to perform searches across the progress that has been made. Estonia’s several information systems simultaneously.43 transformation was the result of both the The X-tee software was designed to be foresight of its leaders and a population willing scaled up as new e-services and platforms to accept the surrender of their personal data become available, as multiple instances can in return for improved public services. Europe’s be federated. Members of federated systems own digital sovereignty will need similar inspired can publish and consume services with each leadership, particularly as countries that are 16
more reluctant to transform may require some persuasion. Estonia is rightly proud of its digital society and is keen to export its knowledge and technology to the rest of the EU as part of its programme of digital sovereignty. A digitally sovereign EU will lay the framework for increased economic growth, reduced bureaucracy and a more convenient and secure form of data exchange. A commonly recognised form of digital identification will reduce cross-border crime and illegal migration as well as improve access to time sensitive services such as in medical facilities. A more connected Europe will bring potential benefits to Estonia as a digital free market will enable data driven services to be marketed throughout the community. Thus, any initiative to encourage and promote European digital sovereignty is one that will be fully supported by the Estonian Government. As a leading digitised nation, Estonia can expect to enhance its reputation as a digital nation by providing advice and it will benefit from a wider implementation of digital services. However, for European digital sovereignty to be widely accepted, it must be trusted by its citizens. This requires confidence that personal data will not be abused by official authorities and that it cannot be accessed or interfered with by unauthorised parties. As such, Europe’s digital democracy cannot be rushed and should be sufficiently funded in its implementation, while security concerns must be foremost in the considerations of its developers. A single data breach, poor configuration incident or successful cyber-attack by a state actor or criminal group may cause an irrevocable loss of trust. However, achieved properly, a combination of the European Commission’s policy directives, with Estonia’s experience and technology, bodes well for the future digital sovereignty of the EU. 17
Endnotes 28. Global lessons from Estonia’s tech-savvy government, Mari Roonemaa, UNESCO, https://en.unesco. org/courier/2017-april-june/global-lessons-estonia-s-tech-savvy-government 29. Concerned about Brexit? Why not become an e-resident of Estonia, Ben Hammersley, Wired, https:// www.wired.co.uk/article/estonia-e-resident 30. The Digital Economy and Society Index (DESI), European Commission, https://digital-strategy. ec.europa.eu/en/policies/desi 31. Digital Estonia – Leading Digital Society in the World, Estonian Convention Bureau, https://www.ecb. ee/destination/digital-estonia-leading-digital-society-in-the-world/ 32. State wants to move marriages, divorces online, Roberta Vaino, ERR, https://news.err.ee/1608138256/ state-wants-to-move-marriages-divorces-online 33. Estonia offers an ideal example of Remote Learning, Abe Post-Hyatt, Veriff, https://www.veriff.com/ blog/estonia-can-teach-a-lesson-in-remote-learning 34. Estonia, EU countries propose faster ‘European digital sovereignty, Helen Wright, ERR, https://news.err. ee/1608127618/estonia-eu-countries-propose-faster-european-digital-sovereignty 35. The Heads of Government of Germany, Denmark, Estonia and Finland: Europe’s digital sovereignty gives us the ability to determine our own future, Estonia Government Communications Office, https://valitsus. ee/uudised/saksamaa-taani-eesti-ja-soome-valitsusjuhid-euroopa-digitaalne-suveraansus- tagab-meile 36. Europe’s Digital Decade: digital targets for 2030, European Commission, https://ec.europa.eu/info/ strategy/priorities-2019-2024/europe-fit-digital-age/europes-digital-decade-digital-targets-2030_ en 37. ProgeTiger – Estonian way to create interest in technology, Education Estonia, https://www. educationestonia.org/progetiger/ 38. Eesti 5 g Teekaart, Estonian Ministry of Economic Affairs and Communications, https://www.mkm. ee/sites/default/files/eesti_5g_teekaart.pdf 39. E-state Estonia has some of the slowest internets in Europe, Sten Hankewitz, Estonian World, https:// estonianworld.com/technology/index-e-state-estonia-has-some-of-the-slowest-internets-in- europe/ 40. The Digital Economy and Society Index (DESI), European Commission, https://digital-strategy. ec.europa.eu/en/policies/desi p.14 41. Estonian minister: Digital services must be made available to all EU citizens, The Baltic Times, https:// www.baltictimes.com/estonian_minister__digital_services_must_be_made_available_to_all_eu_ citizens/ 18
42. X-tee factsheet, X-tee, https://www.x-tee.ee/factsheets/EE/#eng 43. Data Exchange Layer X-tee: How does X-tee work?, Republic of Estonia Information System Authority, https://www.ria.ee/en/state-information-system/x-tee.html 44. Data embassy, e-estonia, https://e-estonia.com/solutions/e-governance/data-embassy/ 45. Case Study: The world’s first data embassy– Estonia, OECD, https://www.oecd.org/gov/innovative- government/Estonia-case-study-UAE-report-2018.pdf 19
IRELAND Although the term “digital sovereignty” has received limited attention in Irish public discourse to date, this concept may have important implications for many of Ireland’s key interests. Seamus Allen, Institute of International and European Affairs (IIEA) 20
Introduction may play in shaping European digital policy may have important implications for the future of Ireland’s society and economy. In Ireland’s public discourse to date, there has been little public commentary on the concept of European digital sovereignty by Key Topics of Irish politicians or officials. This is despite the phrase’s increasing prominence among many Relevance for EU policymakers.46 While the concept lacks Ireland a precise definition, European Commission President Ursula von der Leyen has written that Promoting and Regulating digital sovereignty “describes the capability Digitalisation that Europe must have to make its own choices, based on its own values, respecting Ireland has a clear position on the importance its own rules.”47 Nonetheless, there are some of investing in digital technologies both significant policy topics associated with the nationally and at EU-level.48 In Ireland’s term “digital sovereignty” which are particularly domestic policy this is reflected by initiatives important for Ireland or upon which an official such as the “Disruptive Technologies Innovation Irish perspective exists. Throughout, Ireland Fund”, worth €500 million (which invests in has consistently emphasised the importance digital technologies in addition to non-digital of Europe’s digital and economic openness, technologies)49 or in Ireland’s plans to use favouring an ‘open’ model of strategic 32% of its EU-supported National Recovery autonomy, and sought to ensure that digital and Resilience Plan - €295 million - for sovereignty does not lead to a protectionist “accelerating and expanding digital reforms approach for Europe. and transition.”50 This figure is significantly more than the minimum of 20% that Member Irish policymakers have made little explicit States are required to invest in digitalisation. commentary on the concept of European digital Ireland’s plan focuses on six digital priorities: sovereignty, and the country’s most recent (i) a shared government data centre to support digital strategy dates from 2013. Nonetheless, the digitalisation of public services; (ii) ensuring it is possible to identify aspects of digitalisation broadband connectivity and ICT equipment related to EU digital sovereignty which are for schools; (iii) establishing an online census particularly relevant for Ireland’s interests or option; (iv) promoting 5G technologies; (v) upon which an official Irish view exists. First, supporting eHealth initiatives and (vi) a this paper will examine Ireland’s approach to grants scheme to support the digitalisation the promotion and regulation of digitalisation of businesses and digital innovation hubs where this is relevant to EU policy. Then three throughout Ireland. The importance of digital key topics of particular relevance to Ireland’s inclusion and digital skills is also emphasised interests will be examined. The first is freedom in this plan. Despite this focus on digitalisation of cross-border data flows between the EU however, Ireland’s most recent national and the rest of the world, particularly the US digital strategy dates from 2013 and is now and UK, Ireland’s two largest trade partners. A clearly outdated.51 A public consultation on second subject is Ireland’s special regulatory developing a new national digital strategy responsibility for the data protection of was held in 2018, but as of early 2021 no new European citizens, a special role which is now national digital strategy has been released.52 increasingly challenged. Third is the European Nonetheless, an Irish AI strategy has recently Commission’s proposal for a digital levy, been published and Ireland has a 2019-2024 which may disproportionately affect more national Cyber Security strategy.53 Ireland also companies based in Ireland than elsewhere supports ambitious spending at a European in Europe. Overall, the developing concept of level. In June 2021, the Taoiseach (Irish Prime European digital sovereignty and the role it 21
Minister), Micheál Martin, described Europe’s concerning the misuse of personal data in current funding for innovation and the digital 2013 that “digital sovereignty” became a and green transitions as inadequate and he prominent term in European policy discourse.59 expressed support for an even more ambitious In accordance with the EU’s GDPR, generally, European approach.54 the transfer of personal data outside of the EU is highly restricted, unless the third country in Broadly, with regard to the regulation of question is deemed to have equivalent levels of digitalisation, Ireland supports a regulatory data protection, or unless a special mechanism environment that it deems innovation-friendly exists to uphold the data protection rights and which would avoid over-burdensome of European citizens. For Ireland, the flow of regulation. This focus is prominent in Ireland’s personal data between the EU and two of submissions on the Digital Services Act package the EU’s most important partners, the United and on the EU White Paper for Artificial States and the United Kingdom, is a particular Intelligence.55 Both of these submissions concern, as these countries are Ireland’s two demonstrate the Irish concern that the largest trading partners.60 European proposals could risk overregulating and harming innovation. With regards to the The EU-US Privacy Shield framework that Digital Services Act, a joint letter by Ireland, facilitated the transfer of personal data Sweden and Finland in June 2021 raised between the EU and the US was invalidated concerns regarding free speech implications by the Court of Justice of the European Union about certain aspects of the proposed Act.56 in July 2020, creating serious difficulties for transatlantic data transfers.61 The Court’s Domestically, Ireland has been particularly judgement was prompted by concerns active regarding the regulation of harmful regarding domestic US legislation and mass online content. In Ireland, numerous pieces US security surveillance.62 Currently, many of legislation (including an Online Safety Bill companies continue to transfer personal data among others) are seeking to address issues between the US and the EU using Standard including online harassment, intimate imagery, Contractual Clauses (SCCs). However, there is hate speech, and transparency for online ongoing legal debate regarding the validity of political advertising. However, concerns have SCCs to transfer personal data in this way and been raised by a variety of stakeholders about the future use of SCCs is actively challenged.63 conflicts or problematic interactions between domestic Irish legislation and upcoming Following Brexit, an initial European European legislation when it comes to online Commission draft data adequacy decision content regulation.57 Recently, cybersecurity which proposed enabling free flows of has become a more prominent topic in Ireland, personal data between the EU and the UK64 following a major cyberattack against Ireland’s was met with significant concerns in the healthcare system which caused major European Parliament and by the European disruption.58 Overall, Ireland has a clear position Data Protection Supervisor.65 When the on the importance of promoting and investing European Commission finally adopted the in digitalisation and in ensuring an effective and data adequacy decision in June 2021, it came innovation-friendly regulatory framework. with significant caveats. Most importantly, the data adequacy decision can be reviewed Ireland and cross-border data flows if UK data protection law is changed, and the between the EU, US and UK data adequacy decision will automatically expire after four years.66 As leading British A critical issue for the European digital policymakers have openly discussed diverging sovereignty initiative is personal data flows from the GDPR following Brexit, difficulties for between the EU and the rest of the world. It UK-EU data flows may follow in the future.67 was following the Edward Snowden leaks 22
Impediments to the free flow of personal the Data Protection Commission (DPC), has data between the EU and the US or UK could experienced one of the largest increases in have negative consequences for a wide staff relative to population in the EU,75 however range of economic sectors in Ireland.68 This due to its cross-border responsibilities it faces is particularly true for Ireland’s digital sector a disproportionately high number of cases which accounts for approximately 13% of to regulate. In the Irish Government’s Budget Ireland’s GDP and 26% of Ireland’s exports 2021, the DPC received an allocation of €19.1 according to Technology Ireland.69 The value million in funding, an increase of €2.2 million of digitally-enabled service exports from over the previous year.76 The additional funds, Ireland, which frequently rely on data transfers, however, were just over half of the €4.16 million was estimated to be $171.9 billion in 2018 (€145 that the DPC had requested.77 Ms Dixon had billion) - the second highest figure in the EU stated that the DPC needed these additional after Germany.70 In 2020, Host in Ireland had resources because it sits at the “frontline of predicted €7 billion of investments in data EU data protection regulations” and is acutely centres in Ireland over the next five years; strained by the “disproportionate resources” of however some of this investment may be the multinational corporations it must regulate, predicated on the continued free flow of cross- warning that the DPC’s ability to operate border data.71 effectively would affect Ireland’s credibility on the world stage.78 Privacy activists both in Some studies have estimated that the total Ireland and abroad, and other European data prevention or major restriction of data flows protection regulators, have criticised the Irish for the EU could cost the EU economy as a DPC claiming that the DPC’s processes and whole as much as €300 billion.72 While, such procedures are inefficient and hinder adequate an extreme loss may be unlikely in practice, GDPR enforcement.79 Despite hundreds of these figures show the potential scale of the complaints on cross-border data cases, some economic impact. A 2021 global study by the by other European regulators, as of mid-2021 Irish law firm William Fry found that for data- the DPC had only ever issued one cross-border related investments, investors ranked the GDPR fine.80 Commissioner Dixon has argued data-related regulatory regime as the most that enforcement is difficult due to the DPC’s important investment factor to consider - and constrained resources, the complexity of the more important than talent, ease of doing cases and the bureaucracy involved with the business, and taxation policy, even though “one stop shop mechanism”, in which other taxation policy was the most important regulators in Europe have allegedly been slow consideration for investors in 2016.73 The in cooperating with and providing required continuing uncertainty regarding personal information to the DPC. data transfers thus poses particular risks for the Irish economy. Both the Irish and European parliaments have recently begun scrutiny of the Irish Ireland’s Data Protection Role DPC. Privacy activists have warned the Irish parliament that the alleged inefficacy of Under the GDPR’s “One Stop Shop Mechanism”, the Irish DPC poses significant reputational Ireland is effectively the lead data protection risks for Ireland.81 In May 2021, the European regulator of the world’s largest digital Parliament passed a resolution calling upon technology companies for their conduct the European Commission to take infringement throughout the EU, as many of these companies proceedings against Ireland because of are headquartered in Ireland. Politico has thus what it deemed to be an “insufficient level of described Ireland as “the Western world’s first enforcement of the GDPR.”82 National data line of defence against misuses of people’s protection regulators in other EU states have data.”74 Since the implementation of the also sought the capability to launch cases of GDPR, Ireland’s data protection regulator, their own against Irish-based companies.83 As 23
a result of such steps, in June 2021 the Court However, some individual EU Member States of Justice of the European Union clarified have introduced digital taxes or levies, which that in certain specified circumstances, data has prompted tensions with the US, which protection supervisory authorities can take believes that such taxes disproportionately cases against firms located in other countries target American companies. The US has for cross-border GDPR cases.84 It is likely that threatened trade tariffs against a number as Europe focuses on digital sovereignty and of individual European nations for the citizens’ control over their data, Ireland’s role introduction of digital services taxes or levies, in data protection will come under increasing prompting concerns of a potential trade war.91 scrutiny and pressure.85 In contrast, the European Commission has indicated that the digital levy would apply to Ireland and the European Digital hundreds of companies, most of which would Levy be European.92 In March 2021, Ireland argued that the timing of the EU’s move towards a The European Commission’s work to develop a digital levy risked undermining the OECD-led proposal for a European digital levy is premised international tax talks and could rekindle trade on the view that many digital corporations tensions with the US.93 In June and July, the US produce revenues and profits online in countries likewise urged the EU to delay the release of its in which they are not physically present and digital levy proposal, arguing that the European therefore do not pay the same level of tax as initiative could undermine the OECD-led talks their physical counterparts.86 The European on corporate taxation reform.94 Commission proposal for a digital levy had previously been expected for July 2021 but is The international context of ongoing OECD- now postponed until at least Autumn 2021 to led international tax talks potentially makes prioritise a focus on the OECD-led international the upcoming EU digital levy proposal even talks on corporation tax reform.87 more sensitive for Ireland, as it comes at a time of possible disruption to Ireland’s corporate In the OECD-led international talks on tax policy. However, the precise details of this corporation tax reform, Ireland’s corporate tax levy, and how it will interact with the OECD-led policy has provoked some controversy. Ireland corporate reforms, remains to be seen. considers its corporate tax policy to be an important attraction for foreign investment in Ireland, and corporate tax paid by multinational Conclusion corporations, including digital multinationals, is The digital policies that Europe pursues in the a major source of Irish government revenue.88 years ahead may have a significant impact on Under proposals discussed in the ongoing the future of the Irish economy and society. The OECD-led tax talks, the Irish Department of precise nature and role of digital sovereignty Finance has predicted that Ireland could lose out in shaping Europe’s approach to digital policy on over €2 billion of revenue per year, or a fifth may thus have important implications and of Ireland’s corporate tax intake.89 Ireland has potentially poses both possible risks and expressed considerable reservations on aspects benefits for Ireland. of proposals emerging in the OECD-led talks. One possible risk is a reduction in Europe’s Ireland is similarly concerned about the openness. Key European policymakers have implications of a European digital levy, which might potentially either reduce Ireland’s highlighted that they seek an EU that is both attractiveness as an investment location or digitally open and digitally sovereign. They reduce Ireland’s corporate tax revenues. A have argued that there is no contradiction previous European Commission proposal for a between these goals. Nonetheless the risks digital services tax in 2018 was blocked by a of increased digital or trade barriers between number of Member States including Ireland.90 the EU and its partners could arise as an unintended outcome of other policy goals. 24
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