The European Union has been at the forefront of global technology policy over the past decade, enacting laws such as the General Data Protection Regulation, Digital Services Act, and Artificial Intelligence Act. While these regulations are designed to foster innovation and uphold democratic principles, their true value lies in effective enforcement. Attitudes towards enforcement are shifting, with a focus on implementing and upholding existing laws rather than creating new ones. To achieve effective enforcement, the EU must adopt innovative approaches in key areas such as policy, procedures, people, and politics.
Clear and actionable laws are essential for effective enforcement. Legislators must ensure laws are not too prescriptive but remain future-proof. Collaboration with civil society and independent experts can help develop clear guidelines for interpreting and enforcing laws. However, ambiguities in laws such as the DSA and AI Act regarding impact assessments need to be addressed through collaboration and clear guidance to ensure meaningful enforcement. Additionally, regulators must be well-resourced with the necessary technical expertise to oversee complex technology, policy, and legal tasks. Investments in enforcement agencies and cross-border coordination are crucial for effective enforcement.
Decentralizing enforcement responsibilities can improve effectiveness and alleviate bottlenecks. Engaging civil society, academia, and other practitioners in monitoring and oversight can enhance enforcement and accountability. Transparency and public oversight are also crucial for effective enforcement, with measures such as mandatory algorithm registries and data accessibility to researchers. However, regulatory independence is vital to resist corporate influence and uphold democratic principles. The EU must be prepared to enforce laws firmly, even against powerful tech companies, to reinforce the credibility of regulations and maintain regulatory soft power globally.
To ensure regulators can effectively carry out their duties, continued investment and a commitment to their independence are essential. The EU must prioritize clear and actionable policies, ensure adequate resources for enforcement agencies, and implement inclusive and decentralized enforcement procedures. Investing in innovative enforcement strategies now will lay the foundation for a more secure and human-centric future of Europe. Stronger enforcement can bolster the EU’s regulatory framework, promote market and societal stability, and foster European innovation and competitiveness. By setting a high standard for enforcement, the EU can ensure that technology serves democracy in an age of accelerating innovation, rather than being controlled by profit-seeking tech companies.
