‘Know Your Business Customer’ – it’s easy to implement and already works in Denmark [Stakeholder Opinion]

In a bid to protect EU consumers from online fraudsters, pirates and counterfeiters, the EU’s Digital Services Act looks set to introduce a provision obliging online marketplaces to know who their third-party traders are – the so called ‘Know Your Business Customer’ provision, or KYBC.

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Briefing – Understanding delegated and implementing acts – 07-07-2021

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States’ experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

Source : © European Union, 2021 – EP

Briefing – Artificial Intelligence and public services – 22-07-2021

AI has become a key enabling technology in public services and its use has increased over the past two years.Ensuring explainabilty of AI systems in public services is crucial but difficult to achieve in case of black-box algorithms. In AI applications in public services, focus is on law enforcement, surveillance and process optimisation. AI for front-end public services seems less of a priority. There is a growing public concern over the development and use of AI in society. With the increase of its use, the potential for errors and harms also increases.The public sector should lead the way in creating trustworthy AI. Regulatory sandboxing and pre-procurement are key for creating trustworthy AI for public services.

Source : © European Union, 2021 – EP

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