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Even before the European Commission presented its new legal framework in mid-December, which, among other things, is intended to limit the power of Internet platforms, the FDP parliamentary group in the Bundestag has positioned itself with a “liberal manifesto of the digital economy” entitled “Digital Liberation “Wears and WELT is exclusive.
The parliamentary group wants to define the principles of a "future-oriented, fair and innovation-friendly digital economy policy".
"What we need is an innovation-friendly framework for real digital unleashing, not blind regulatory rage," said FDP parliamentary group leader Frank Sitta to WELT.
“We have to create a reliable environment for the digital economy in Europe.” This is the only way to hope that the next digital unicorn could come from Germany.
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According to the manifesto, when it comes to well-established markets that the digital transformation process is shaking up and in which their own assets are endangered by new business models from digital companies, most of which are based in the USA, principles of the competitive order would quickly be thrown overboard.
Because the market capitalization of large corporations is growing, there are increasing regulatory approaches motivated by industrial policy, which in essence are often about foreclosure, expropriation or socialization.
In contrast, the liberals want to protect the digital economy from "arbitrary taxation and erratic regulations by politics" in the long term.
The FDP manifesto focuses on the handling of data and wants to strengthen its legally secure tradability.
In addition, the markets are to be kept open and the principle of liability enforced on a global scale.
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The paper rejects the digital tax for corporations like Facebook and Google.
"We want clear international rules for fair tax competition, but no punishment for large corporations," it says.
In addition, the FDP wants to "constructively support" the establishment of new crypto currencies.
Support new business models
In spite of everything, the parliamentary group advocates strengthening the prohibition of cartels and abuse as fundamental instruments of competition supervision.
Platforms shouldn't favor themselves.
Some of these companies would already abuse their great market dominance.
Therefore, the value of data should be given more weight in assessing the market power of companies.
Politicians in Germany and Europe have already taken this path.
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At the same time, the manifest also recognizes a “competitive character of digital marketplaces, since they lower barriers to market entry, reduce information and transaction costs and offer globally accessible platforms”.
Start-ups in particular could benefit from this.
The manifesto wants to support new business models, for example the sharing economy.
"We reject attempts to seal off existing markets and business models from more efficient, digitally supported solutions," it says.
The manifesto also sees strict liability rules as a guarantee for adequate self-regulation of the economy.
Without sufficient liability, digital companies could skim off very high profits, while the potentially immense damage would be passed on to customers or socialized in case of doubt.
However, those who are actually liable have a great interest in avoiding the damage event, for example in the event of inadequate data protection or insufficient data security.
But also with other products.
"We are therefore calling for a reform of the Product Liability Directive so that manufacturers of hardware and software are liable for damage caused negligently by IT security gaps in order to set civil law incentives for compliance with their duties of care," says the liberal manifesto.
More legal security than in the USA
Manufacturers should be obliged to provide security updates during the normal useful life of a product - but at least for two years - and to clearly indicate on the product the duration of the maintenance of IT security.
However, liability for the actions of third parties should be excluded.
In fact, it is precisely the large Internet platforms in the USA that are resisting the intention of Congress to change the relevant regulations to the detriment of the platforms.
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"A liability law that offers companies in Germany more legal certainty than in the USA could lead to new business settlements in Germany in the future, not only for platforms, but also especially in the area of 'Internet of Things' and automated / autonomous driving" it in the manifest.
Following the example of the debt brake in Germany, the FDP parliamentary group calls for a digital regulation brake as a “stop sign for regulation that is hostile to innovation”.
Digital innovations should not be regulated before they are even on the market or before any actual negative impact can be specifically assessed.
Such a digital regulatory brake could systematically inhibit restrictions and bans on new digital innovations.
Corona crisis accelerates digitization and slows globalization
The corona crisis is accelerating digitization and slowing down globalization.
These are the core statements of the “Megatrend Report” from the Bertelsmann Foundation, which WELT is exclusively available to.
Source: WORLD