Political Representation
The Policy, Law & Regulations division coordinates eco Association activities related to the legal and regulatory framework for Internet and network policy. Through its offices in Berlin, Brussels and Cologne, eco delivers on-location representation of the political interests of its members and keeps them up to date on current developments and legislative initiatives.
The division brings together eco’s expertise on the range of relevant topics and ensures a clear political positioning of the association vis-á-vis political stakeholders in society, politics and administration. The member companies’ interests are brought directly into the political debate through position papers on legislative procedures, hearings and industry positions on the important Internet policy topics. These interests are also incorporated into accompanying event formats and political press and public relations work.
All companies in the Internet industry rely on political and regulatory framework conditions that promote innovation and offer companies legal certainty and economic room for manoeuvre. In 2024, eco continued to advocate for this approach and played an active role in shaping multiple digital policy debates at national and European level. At European level, the elections to the European Parliament and the appointment of a new EU Commission were on the agenda. In response, the Policy, Law & Regulations team developed a comprehensive agenda entitled “Digital Policy for Europe 2024-2029”.
In federal politics, the year 2024 was once again characterised by a strong focus on energy and climate policy aspects on the part of legislators. In particular, the Energy Efficiency Act sparked considerable discussions among data centre operators. The German federal government’s current energy policy confronts data centre operators with contradictory regulatory approaches. Under the Energy Efficiency Act, data centres are classified as energy-intensive and are obliged to comply with requirements and regulations.
After the major legislative packages for the regulation of digital services (Digital Services Act, DSA) and digital markets (Digital Markets Act, DMA) were finalised at the European level, the next step entailed transposition at national level. A German Digital Services Act (DDG) was adopted for the transposition of the DSA in Germany, which consolidated both the Telemedia Act (TMG) and the Network Enforcement Act (NetzDG). Additionally, the Data Governance Act (DGA) initiated the national transposition of a project from the European data strategy.
A special role was also assigned to IT security and the protection of critical infrastructures, not least against the backdrop of the geopolitical situation. After extended deliberations, the German NIS2 Implementation Act was adopted by the cabinet and submitted to the parliament. Progress was also made on the overarching Critical Infrastructure Umbrella Act (KRITIS-DachG).
eco is involved in the implementation and realisation of various initiatives through its participation in various committees. The Advisory Board supporting the Digital Strategy concluded its work in 2024 with a final report. In the field of telecommunications infrastructure and related topics concerning gigabit expansion, eco is actively involved at a high level in the Gigabit Forum at the German Federal Network Agency (BNetzA), contributing to discussions on the expansion of gigabit-capable infrastructure, private-sector expansion and funding requirements. To this end, eco contributed to the discussion process with policy papers and background discussions and provided recommendations for action. eco is also active in the DSC Advisory Board, hosted by the German Federal Network Agency (BNetzA), where it supports the national implementation of the Digital Services Act (DSA). In addition, eco participated in the BSI’s Advisory Board for Digital Consumer Protection.
In 2024, alongside the upcoming EP elections, legislation at the European level was also relevant for eco. The discussion surrounding the proposed European “Regulation on laying down rules to prevent and combat child sexual abuse” (the CSAM Regulation) sparked controversial debates. It includes obligations for online service providers, hosting service providers and providers of interpersonal communication services (chat, email, messenger).
The European Commission also initiated a revision of the CSAM Directive (Directive on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)) and published its proposal on 6 February 2024. This directive includes provisions on the criminal liability related to depictions of sexual abuse of minors and obliges Member States to implement effective notice and take-down measures. The revision of the CSAM Directive aims to tighten substantive (criminal) law in the Member States in these areas and to introduce explicit rules on the role of hotlines.
The topic of artificial intelligence also played a role in political discourse in 2024. However, due to the European elections, projects such as the AI Liability Directive could not be completed.
The year 2025 will be marked by early federal elections in Germany and the start of the new EU Commission’s mandate. The inauguration of the new US President Donald Trump also casts a spotlight on transatlantic digital policy, which is likely to take a new direction under the new administration. In preparation for the German federal elections, eco has already begun work on the “Internet Policy Agenda 2025-2029” for federal politics.
The current position papers, statements, background papers and PR activities are available on the eco website of the division at international.eco.de/policy-law.
