Connected - January 2025
Written By
Regulatory and Public Affairs Director
Belgium
Ireland
As Regulatory & Public Affairs Director in Brussels, I assist companies facing an unprecedented wave of new EU regulation that will have an impact on every business operating in the digital and data-related economy. I help companies navigate complex EU decision-making processes and understand the practical application of the law to their sectors.
Regulatory and Public Affairs Advisor
Belgium
As a Regulatory and Public Affairs Advisor, I assist clients in understanding the EU decision-making processes and the impact of EU laws on their sectors.
The January 2025 edition has been edited by Francine Cunningham and Paolo Sasdelli with contributions from the Regulatory & Public Affairs team.
In the first edition of the year, we look forward to key developments around AI and data protection, the practical application of the EU Data Act and the telecoms landscape for 2025. Our experts also provide a wrap up of developments in the space and satellite sector, along with a forecast for future policy initiatives. Turning to the UK, we look at the government’s latest attempt to launch public procurement reform.
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Crucial questions raised regarding personal data in the context of AI models
The European Data Protection Board (EDPB) recently adopted Opinion 28/2024 on “certain data protection aspects related to the processing of personal data in the context of AI models”. Key points include the acknowledgment that AI models trained with personal data are not always anonymous, the recognition of legitimate interest as a legal basis for AI development and deployment, and the identification of accountability obligations for the deployment of AI models where the processing in AI development was unlawful.
For more information, please contact Willy Mikalef, Dr. Nils Lölfing, Izabela Kowalczuk-Pakula, Alex Jameson.
Proposed liability rules aim to shape AI responsibilities
Debate will resume in the European Parliament his month about who should be held accountable in cases when AI systems cause harm or damage. MEPs are set to discuss the proposal adapting non-contractual civil liability rules to AI (AI Liability Directive or AILD), first tabled by the Commission in September 2022 but put on hold during the negotiations on the Artificial Intelligence Act which was finally published in the EU Official Journal in July 2024 and applies gradually from February 2025 onwards.
For more information, please contact Paolo Sasdelli.
Poland sets out digital priorities for the next six months
Poland, which took over the EU Council Presidency on 1 January 2025, has a clear focus on cybersecurity, AI governance and implementation in its six-month programme. This overall strategy is designed to strengthen the EU's digital defences and foster innovation.
For more information, please contact Paula Alexe.
Commission presents draft model contractual terms for access to data
At the end of last year the European Commission organised a series of seminars on the EU’s Data Act, which is due to start applying in the course of 2025. The Act establishes harmonised rules for fair access to and use of data within the EU, aiming to remove barriers to data sharing. It ensures that users of connected products can access and share data generated by these products, while imposing obligations on data holders to provide data under fair, reasonable, and non-discriminatory terms. The Data Act also includes provisions on switching data processing services.
For more information, please contact Tobias Bräutigam.
Expert group work underway on Data Act standard contractual clauses
The European Data Act requires the Commission, before 12 September 2025, to develop and recommend non-binding model contractual terms (MCTs) on data access and use, including terms on reasonable compensation and the protection of trade secrets. It also obliges the Commission to come forward with non-binding standard contractual clauses (SCCs) for cloud computing contracts to assist parties in drafting and negotiating contracts with fair, reasonable and non-discriminatory contractual rights and obligations.
For more information, please contact Feyo Sickinghe.
Policymakers actively reassess regulatory frameworks for the space industry
In the course of last year, the space and satellite industry met some significant milestones, with a record-breaking number of orbital launches and successful maiden launches for a number of operators. There were also historic firsts including the first commercial spacewalk and the first sample return from the far side of the Moon.
For more information, please contact Hayley Blyth.
Shaping the EU’s telecoms landscape in 2025
The next 12 months promise to be a lively for the EU telecom’s landscape with the anticipated review of the European Electronic Communications Code (“EECC”) and a proposal for a Digital Networks Act (“DNA”). In this context, it remains to be seen if the telecoms recommendations from the Draghi report, published in September 2024, will be implemented. The report encourages greater consolidation and movement towards a single EU-wide telecoms market.
For more information, please contact Anthony Rosen, Ella Wolfenden.
Back to the blocks: UK Government’s second attempt to launch public procurement reforms
After a delay in its original October 2024 go-live date, the UK’s new legal framework for public procurement – the Procurement Act 2023 (the “Act”) – is now set to come into force on 24 February 2025.
