Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The European Union's Artificial Intelligence Act, Regulation (EU) 2024/1689, was published in the Official Journal on 12 July 2024 and entered into force on 1 August 2024. It establishes the world's first horizontal, risk-tiered legal framework for the development, market placement, and use of AI systems — covering prohibited practices, high-risk systems, general-purpose AI models, and minimal-risk applications — with extraterritorial reach over any provider placing an AI system on the EU market or whose output is used in the EU. Penalties reach up to EUR 35 million or 7% of global annual turnover. Application is staged: prohibitions from 2 February 2025, GPAI and governance from 2 August 2025, the bulk of high-risk obligations from 2 August 2026, and product-safety-embedded high-risk systems from 2 August 2027.

Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data — the "Data Act" — was published in the Official Journal on 22 December 2023, entered into force on 11 January 2024, and applies generally from 12 September 2025 (with longer transitional periods for IoT product-design obligations under Article 3(1), which apply to products placed on the market after 12 September 2026, and for the data-portability standardisation framework, applicable from 12 September 2027). The Data Act is the third pillar of the EU data-economy framework alongside the GDPR (personal data) and the Data Governance Act 2022/868 (data-intermediation services), and is the world's first horizontal statutory regime governing access to and portability of industrial / IoT / non-personal data — covering by-design data-availability obligations on connected-product manufacturers, a mandatory cloud- switching framework with progressive elimination of switching charges, B2G emergency data-sharing in exceptional needs, unfair-contract-terms protection for SMEs, and safeguards against unlawful international government access to non-personal data held in EU cloud.

Regulation (EU) 2022/2065 on a Single Market For Digital Services (Digital Services Act, DSA) was adopted by the European Parliament and Council on 19 October 2022, published in OJ L 277 on 27 October 2022, entered into force on 16 November 2022, and applied in full from 17 February 2024 (with VLOP/VLOSE obligations applying from 25 August 2023 following the Commission's initial designation letters of February 2023). The DSA establishes a graduated intermediary-liability and platform-safety framework covering all online intermediaries serving EU users, with the heaviest obligations falling on designated Very Large Online Platforms (VLOPs, ≥45m monthly active EU users) and Very Large Online Search Engines (VLOSEs): systemic-risk assessments, annual independent audits, vetted-researcher data access, recommender-system transparency, online-advertising transparency, and crisis-response cooperation mechanisms under Commission coordination. The European Commission holds exclusive enforcement authority over VLOPs and VLOSEs, with fines up to 6% of global turnover. The DSA is the structural twin-pillar to the Digital Markets Act (Reg (EU) 2022/1925): the DMA governs ex-ante competition obligations on designated gatekeepers; the DSA governs ex-post intermediary-liability, content-moderation, and platform-safety obligations across all online intermediaries.

Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector (Digital Markets Act, DMA) was published in OJ L 265 on 12 October 2022, entered into force on 1 November 2022, and applied for the most part from 2 May 2023. The DMA establishes an ex-ante competition framework imposing binding obligations and prohibitions on designated "gatekeepers" operating Core Platform Services (CPS) in the EU — covering search engines, social-networking services, video-sharing platforms, number-independent interpersonal communications, operating systems, web browsers, virtual assistants, cloud computing, online intermediation services, and online advertising. The European Commission designated six gatekeepers on 6 September 2023 (Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft); full compliance with all obligations was required by 7 March 2024. Subsequent designations added Booking.com (May 2024) and Apple iPadOS (April 2024). The DMA functions as the EU's structural anchor for ex-ante digital competition regulation, closing the enforcement gap left by ex-post competition law (Articles 101–102 TFEU) where market-tipping dynamics make remedies ineffective after the fact.

Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance — the Data Governance Act (DGA) — was published in the Official Journal on 3 June 2022, entered into force on 23 June 2022, and became fully applicable on 24 September 2023. The DGA is the second pillar of the EU data-economy framework (alongside GDPR for personal data and the Data Act 2023/2854 for industrial/IoT data) and establishes four structural mechanisms: (i) a harmonised public-sector data re-use regime for protected data held by public-sector bodies; (ii) a mandatory notification and structural-separation regime for data-intermediation service providers; (iii) a voluntary recognition framework for data-altruism organisations (RDAOs); and (iv) the European Data Innovation Board (EDIB) to co-ordinate national competent authorities and advise on common European data spaces and interoperability standards. The regulation is the foundational parent statute of the existing French SREN law filing (2024-05-21) and functions as enabling legislation for the EU's sectoral common-data-space programme (Health, Agriculture, Finance, Mobility, Green Deal, Energy, etc.).