UK leadership election a potential ‘reset opportunity’ on tech policy

The new head of the Conservative Party, and by extension the country, is set to be announced on Monday (5 September), bringing to a close the government of Boris Johnson. [Shutterstock / zjtmath]

Tech issues have not played a prominent role on the campaign trails of either candidate for the UK’s next prime minister, but experts agree that whoever the next leader is will have a number of digital initiatives to contend with as they begin their premiership.

The new head of the Conservative Party, and by extension the country, is set to be announced on Monday (5 September), bringing to a close the government of Boris Johnson. While all signs point to Liz Truss being the likely winner over rival Rishi Sunak, views diverge on how much of a revolution in tech policy the change might bring about.

“It’s not obvious that the current regime and certainly Boris Johnson were enormously into tech policy”, said Ben Greenstone, managing director of tech consultancy Taso Advisory and former official at the UK’s digital ministry. 

“I don’t suspect, actually, that the trajectory of tech policy in the UK will be markedly different as a result of a change in leadership of the Conservative Party, whether that’s Rishi Sunak or Liz Truss,” he told EURACTIV. 

The shift in government, however, is seen by others as a potential inflexion point in Westminster’s approach to digital issues. 

For instance, TechUK CEO Julian David told EURACTIV that the change in leadership presents a “reset opportunity” for the country’s approach to tech, particularly in light of the major cost of living crisis facing the UK at the moment and the range of areas in which digital issues are being tackled.

Online Safety Bill 

One of the more high-profile and contentious areas of UK tech policy is the Online Safety Bill, similar to the EU’s Digital Services Act in its stated mission to regulate the behaviour of big tech companies.

The bill has attracted criticism from some over what they say is its potential to impact free speech, especially through its inclusion of provisions covering “legal but harmful” content. Supporters argue it is vital to protect people, children in particular, from online dangers. 

The bill was shelved before the summer, but both Truss and Sunak have broadly backed the idea of strengthening protections for children online. Each, however, has also indicated a willingness to revisit certain provisions within the legislation, leaving the timeline for its passage unclear.

“I think both of them would take a look again at “legal but harmful”, but each of them would pass the bill because it’s too popular across the House [of Commons]”, said Greenstone. “There’s no way that this bill doesn’t pass.”

Online Safety Bill shelved amid UK leadership contest

The UK’s Online Safety Bill looks set to be shelved, temporarily at least, as the contest to replace Boris Johnson as Prime Minister gets underway. 

Digital competition

Also on the agenda is legislation empowering the Digital Markets Unit (DMU), a competition regulator established to focus on digital platforms last year. Initially a non-statutory body, the DMU was again left with little power earlier this year when legislation that would have given it legal backing was excluded from the parliamentary agenda.

UK jettisons legislation to empower digital regulator

A bill that would have legally empowered the UK’s new tech regulator was notably absent from today’s presentation of the government’s annual legislative agenda.

Both Truss and Sunak have pledged to move forward with this Digital Markets legislation. Once empowered, the DMU could bring into force requirements on tech companies to remunerate news publishers for the use of their content, not unlike the news bargaining code introduced in Australia and the EU’s Copyright Directive.

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While delays might be expected on issues such as the Online Safety Bill, Matthew Niblett, an account manager at Inline Policy consultancy, told EURACTIV, Truss has committed to granting parliamentary time to legislation, including Digital Markets, meaning “the UK’s digital competition regime may be expedited” under her leadership. 

Data and AI

The UK is also due to reform its data protection regime, with planned changes to its post-Brexit translation of the EU data privacy regulation (GDPR) published earlier this year. The proposed Data Reform Bill would see would modify the administrative steps required from businesses to meet data protection standards and the forging of new international data transfer relationships.

Cookies, transfers and risk assessments subject of UK data reform

The UK has published details of its planned Data Reform Bill, which is set to make changes to the privacy framework contained in the UK’s post-Brexit version of the GDPR. 

While TechUK is broadly supportive of the data bill, “we are very clear that this should not be constructed in a way that damages the adequacy agreement with the EU”, David said.

The UK is also in the process of developing a white paper to inform its AI regulation, in many ways similar to the EU’s approach, following the publication of its AI strategy, which set out a decade-long plan to transform the UK into a global leader in tech. 

UK lays out regulatory model for Artificial Intelligence

The UK is setting the stage for its future Artificial Intelligence (AI) regulatory model. Much like the EU, it suggests adopting a risk-based approach but will differ from the bloc by entrusting enforcement to a panel of regulators.

Horizon Europe 

Regarding research and innovation, the UK’s future is uncertain.

In August, Truss, in her current role as foreign secretary, launched legal proceedings against Brussels over the delay in granting the UK associated status in Horizon Europe, the EU’s flagship research programme, which Brussels has put on hold until issues related to the Northern Ireland Protocol have been resolved. 

UK launches case against EU over Horizon shut-out

The UK on Wednesday (17 August) launched dispute proceedings against the EU over the long running stalemate that has kept UK universities and researchers shut out of the €95.5 billion Horizon Europe research programme two years after agreeing participation as part of the Brexit agreement. 

London published plans for alternative domestic funding earlier this year, warning the Commission that it was willing to walk away from the programme. Sunak has indicated his readiness to do the same. 

David, however, warned against leaving the programme, saying the best outcome would be for the UK to remain associated while also strengthening research partnerships elsewhere. 

“That requires us to have a more productive relationship with the EU than currently seems to be the case,” he said. 

[Edited by Luca Bertuzzi]

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