Dear reader,

Welcome to Publyon’s Digital Policy Update, and Happy New Year! We are happy to provide you with insights on the latest EU policy trends and developments to keep you informed. In this edition, we focus on … pierogis. With Poland now holding the Council Presidency, we are putting them in the spotlight. We also explore the potential impact of a second Trump presidency on the EU’s digital economy. And as always, we bring you the latest on AI, cyber, and other digital policy news. So, grab a cup of czarna herbata (or your favourite brew), and enjoy the read!

Europe’s bold plan for sustainable growth, the “Clean Industrial Deal”, represents a major shift for EU businesses, especially in energy-intensive sectors. Don’t miss your chance to engage with the Commission to shape this deal and influence the policy direction for the next five years.

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The spotlight

The spotlight

Polish Council Presidency: priorities and programme

New year, new presidency! As of 1 January, Poland took the baton from Hungary, holding the rotating presidency of the Council of the EU for the next six months. Poland assumes the role of honest broker and sets the political agenda in Brussels under the motto: “Security, Europe!”. 

Poland chooses a horizontal and comprehensive approach to digital and tech issues such as cybersecurity, competitiveness, AI innovation and regulatory simplification.

 

Continue to strengthen EU cybersecurity

Cybersecurity forms a cornerstone of the Polish Presidency’s agenda. In the fight against disinformation, Poland advocates, among other things, for:

  • long-term investments in cybersecurity expertise;
  • building psychological resilience;
  • and improving crisis preparedness.

This should help better protect elections, critical infrastructure, and economic stability, and make them resilient to third-country involvement. Additionally, they also want to continue work on the AI Liability Directive.

 

AI as change-maker

AI will become increasingly important to the EU economy and its social infrastructure. Synergies are therefore necessary in research, innovation and economic competitiveness. Poland uses this momentum to take stock of the Horizon Europe Framework and evaluate the EU’s research and funding initiatives. They will also promote the strengthening of AI research development and its competence centres while supporting entrepreneurs to implement disruptive technologies.

 

Red tape reduction

Poland aims to amend the regulation on reference indicators (Benchmark Regulation) to simplify regulatory requirements and cut bureaucracy. This would lower administrative burdens and leave room for more efficiency for businesses while increasing competitiveness.

 

Any events to follow?

The Polish went all out with events – taking place in Poland. Below you can find the key dates of the Presidency (with a full list here):

 

From a Biden Administration to a Business Administration

This week marks the start of President Donald Trump’s second term. Business and political interests have never been more closely aligned, but what impact will it have on US-EU relations?

 

EU regulation vs. US business

President Trump’s inauguration ceremony featured prominent CEOs like Tim Cook (Apple), Jeff Bezos (Amazon, Blue Origin), Mark Zuckerberg (Meta), Shou Chew (TikTok) and Elon Musk (X, SpaceX, Tesla). Several big tech CEOs made record-breaking donations, underscoring their alignment with his administration and growing influence in the White House. Meanwhile, the EU continues to monitor and enforce its digital regulations, with growing concerns that its regulatory approach may be overbearing, negatively impacting its global competitiveness.

Zuckerberg’s decision to replace individual fact-checkers with a “community notes” feature on Facebook, Threads, and Instagram (US) would allow users to add context to posts and possibly manipulate information. This feature, introduced on X in 2021, is under EU investigation for potential disinformation risks and election interference. It falls under the Digital Service Act’s (DSA) accountability rules for major platforms like Facebook and X, such as illegal content and user rights.

 

Ein Problem für die Politik

Elon Musk’s endorsement of German far-right AfD leader Alice Weidel during a live interview on X sparked controversy ahead of the German elections, with claims like “Hitler was a communist” fueling populist narratives without democratic checks or balances. Concerns arose about whether algorithms pushed the interview to gain more traction. Musk himself also sparked outrage at the presidential inauguration with a hand gesture towards Trump and the audience resembling a Nazi salute. With X’s 67 million European users, transparency in algorithms and non-interference in democratic processes are crucial. Will the EU proactively enforce its regulations to prevent harm

Former Commissioner Thierry Breton criticised Musk and refuted his arguments, while his successor Executive Vice-President Henna Virkkunen, reaffirmed the importance of the DSA for a safe and fair digital environment. The Von der Leyen 2.0 Commission will continue to face challenges in keeping its position as a digital rule setter in an ever-changing trans-Atlantic relationship.

 

Future-proofing AI

On 21 January, President Trump announced a $500 billion AI infrastructure investment for the coming four years by OpenAI, Softbank, and Oracle under the joint venture “Stargate,” marking the largest AI project in U.S. history. The plan includes massive data centres, energy infrastructure developments, and streamlined approvals to support AI growth.

This raises concerns for the EU, which is lagging behind in the AI power race. Ireland, Europe’s top hub for hyperscale data centres, faces challenges as AI-driven energy demands strain its power grid, potentially forcing investments to shift elsewhere. As the International Energy Agency (IEA) predicts that the electricity consumption of data centres, AI and cryptocurrencies will double by 2026, the EU’s competitiveness is under pressure – which will strain AI development as its electricity consumption is expected to grow significantly.

Curious how these developments can impact your business? Don’t hesitate to reach out to our director Cathy Kremer at c.kremer@publyon.com.

Policy update

Policy update

Artificial inteligencja

Industry stakeholders wrote a letter to the EU to address their concerns about implementing the Artificial Intelligence Act (AI Act). Above all, they were worried about the rushed pace of deliberations on secondary legislation, including the Code of Practice (CoP) for general-practice AI (GPAI), which they argued hinders meaningful stakeholder input and disadvantages smaller companies. Additionally, they stress a risk-based approach, transparency in stakeholder contributions, clear guidelines, and sufficient compliance timelines.

Halfway there! The second draft of the CoP for GPAI has been shared, based on the input from stakeholder consultations, and reworked by Working Groups. Reminder, GPAI are models that can carry systemic risks if they are very capable or widely used. The CoP will help businesses demonstrate compliance with the AI Act along the full life cycle of their models.

Additionally, work has commenced on a template for companies to disclose training data. This template will include details about data providers, sources, and processing elements, ensuring greater transparency and accountability in AI development.

Discussions are ongoing about the use of personal data in AI training. The European Data Protection Board (EDPB) has issued an opinion on key issues such as:

  1. Conditions under which AI models may be deemed anonymous.
  2. Use of legitimate interest as a legal basis for AI model development or deployment.
  3. Implications of using personal data processed unlawfully in AI models.

The opinion also addresses the use of first- and third-party data, recommending a flexible approach for EU data protection authorities to determine lawful data use while clarifying the role of legitimate interest in AI training.

 

What’s next?

The next draft is expected on 17 February 2025, with a final version In April. The new rules on GPAI will start applying from 2 August 2025 onwards. Moreover, we heard from a little ptaszek that guidelines for prohibited practices of AI models will be launched somewhere before 2 February, with enforcement starting from August onwards.

 

Something interesting for my business?

The European Parliamentary Research Service (EPRS) has released its report ‘Ten issues to watch in 2025’, outlining key issues to shape the coming year, highlighting innovation, investments and AI. During their event on 16 January, three recommendations came up to make the EU an ‘AI continent’:

  • Scale up public and private investments in AI innovation and development.
  • Convert more EU-funded research projects into market-ready products and services
  • Retain more AI talent in the region and invest in skills development.

Several upcoming EU actions were also outlined, such as the launch of AI Factories to provide access to EU supercomputing, the Apply AI Strategy, the Cloud and AI Development Act, and the adoption of the CoP for GPAI. Above all, supporting European AI businesses with sufficient funding will be crucial. Słusznie!

 

AI Liability Dyrektywa

As the AI Act starts rolling out, the AI Liability Directive (AILD) is back in our spotlight. Work on the file had paused until the AI Act was finalised, but now things are moving. The AILD proposal, published in 2022, addresses AI-related damages broadly (material and non-material), focusing on non-contractual fault-based liability.

We heard that the European Parliamentary Research Service (EPRS) will present its complementary impact assessment in late January – which was ordered by the Parliamentary Committee on Legal Affairs (JURI). Lead rapporteur Axel Voss (EPP) plans to share his draft report on 4 July. A JURI vote is foreseen in January 2026 – with a plenary vote possible in February of the same year.

Additionally, the Parliamentary Internal Market Committee (IMCO) is busy from January to May to draft its opinion report, aiming for a vote on 19-20 May. Meanwhile, the Council is in deep technical talks about how the AILD proposal fits with the AI Act. We will keep you updated on future developments!

 

EU action plan on cybersecurity for hospitals

As we enter 2025, the first EU cybersecurity initiative seeks to enhance the resilience of hospitals and healthcare systems. Adopted on 15 January, the European action plan on cybersecurity for hospitals and healthcare responds to the alarming rise in cyberattacks on healthcare systems. The plan states that in 2023 alone, ransomware accounted for 54% of all cyber incidents in the EU health sector, causing delays in treatment and compromising patient data.

The plan aims to enhance prevention through strengthened preparedness measures; improve detection and identification of threats with an EU-wide early warning service (by 2026); propose a rapid response service for the health sector under the EU Cybersecurity Reserve; and deter cyber threat actors from attacking health care systems, e.g. by using the Cyber Diplomacy Toolbox. The measures will be rolled out in 2025 and 2026. Great news for the health sector!

 

Cyber Solidarności Act

Also on 15 January, the Cyber Solidarity Act (CSA) was published in the EU Journal, entering into force on 4 February. The CSA enhances the EU’s capacity to detect, prepare for, and respond to cyber threats and incidents.

It establishes a robust framework that includes the development of an EU Cybersecurity Reserve composed of trusted private providers and the introducing of technical mutual assistance to ensure a coordinated and effective response to large-scale cybersecurity incidents. It also sets up a ‘cyber security alert system’ consisting of national and cross-border cyber hubs across the EU.

 

Other news

Digital Fairness Akt

The European Commission will launch a public consultation on the Digital Fairness Act (DFA) in mid-2025, as announced by Commissioner for Justice, Michael McGrath, on X. While existing laws like the DSA and Unfair Commercial Practices Directive (UCPD) address some aspects of dark patterns, inconsistencies and enforcement challenges remain. The consultation will explore ways to unify and strengthen these measures, potentially introducing a comprehensive ban on dark patterns and clearer regulatory definitions. Interesujące!

 

Audiovisual Media Services Dyrektywa (AVMSD)

As the EU eyes the formal review of the Audiovisual Media Services Directive (AVMSD) by December 2026, discussions are already starting within EU governments under the Polish Council Presidency. They are considering whether the directive sufficiently addresses the challenges posed by new technologies and changing consumption habits, given the growing influence of platforms like TikTok, Instagram, and YouTube.

Blog

Blog

Digital Fairness Act: protecting consumers from unethical techniques and commercial practices

The expected Digital Fairness Act likely seeks to strengthen European online consumer protection rules by tackling unethical techniques and commercial practices and strengthening consumer rights.

READ ARTICLE
Digital Fairness Act: protecting consumers from unethical techniques and commercial practices
Events

Events

New year, new events where you can find us

If we are not busy eating bigos and dancing the polonez, you can find us at digital events. This month, you can find Irene Veth at the European Economic and Social Committee’s (EESC) event ‘Social justice in the digital era. AI’s impact on the labour market’ on 3 February. Additionally, our colleague Marc Lütz will participate in Euractiv’s event ‘EU’s approach to advanced artificial intelligence – Time for a “CERN for AI?”’

We’re always eager to have a chat about the latest Digital Policy Update and other digital and tech news with our fellow digital policy enthusiasts. If you are interested in meeting the fanatics forming our digital and tech team, do not hesitate to reach out to us: Guillaume Baudour and Irene Veth.

Irene Veth

Irene Veth

Hello! My name is Irene, and together with Jan van Braeken and Marc Lütz, we are the cyfrowe trio behind this month’s update, bringing Brussels’ main digitalisation and technology insights to your inbox. I hope you enjoyed this edition of our update. I also hope you enjoy this recipe we found on pierogis. We are always looking to provide our community with the most valuable (and fun) content possible – starting with you. If you have any topics you would like to see covered in our next edition, do not hesitate to contact me.

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