Following the publication of the EU Declaration on Digital Rights and Principles in January 2023, the first investigation into the implementation of the declaration in the member states is now underway: What are the strengths of the declaration? What are the challenges? Where do we go from here?
The newly published study by the European Commission analyses how the EU member states have implemented the European Declaration on Digital Rights and Principles to date. The study provides an overview of the progress made by all EU member states with regard to their obligations arising from the declaration, but also identifies gaps and makes recommendations for improvement by the member states. The objectives of the EU declaration are the promotion of digital education and skills, the digitalisation of public services, the protection of children and young people in the digital environment, the promotion of sustainable technologies and the guarantee of a fair digital domain.
Gaps and challenges
According to a study conducted in 2023, half of the EU population believes that their digital rights are not well protected. In addition, 38% of the population is not aware that they have the same rights in the digital space as in the analogue environment. According to the study, various interest groups have also indicated that the obligations of the declaration are not being sufficiently implemented in the member states.
Many member states have become active in the area of social inclusion and have included this commitment in their national digital strategies. However, the perception of stakeholders is mixed: some state that they are aware of significant steps taken by their national government, while others state that they are not aware of any such steps. This observation is supported by the study: Member states have focussed on creating a strategic framework. However, it is not always clear how these goals are to be implemented.
With regard to the protection of fundamental rights, member states are endeavouring to empower the population primarily through education, while support for companies developing digital solutions is probably rather limited. This would potentially be an area where the implementation of the declaration could be improved.
In the area of digitalisation of public services, new research shows that a large proportion of the European population can already use them. 78% of the European population has access to secure electronic identification services, while 77% has access to other public services online. This development, although already growing steadily, has only been accelerated by Covid-19. The problem in this area is that interoperability between the various eID systems cannot be guaranteed.
While a large part of the European public is aware of the security risks in the digital space – which may be a success of various awareness campaigns – a significant proportion of the population is still concerned about their online security. For example, 46% of European society is concerned about how their personal data is handled and 41% of the population is wary of the security of online payment services.
The member states have taken a number of measures to make the digital sphere safer for children and young people. In many cases, these are programmes that attempt to teach children media skills or campaigns that try to raise awareness of online risks. Despite the significant efforts of EU member states in this area, 43% of Europeans feel that children and young people are not sufficiently protected in the digital sphere.
In the area of communication, the behaviour of the member states leaves much to be desired. Few have actively communicated about the Declaration on Digital Rights and Principles and even fewer have actively sought dialogue with stakeholders regarding its implementation. This is probably why the study found that 70% of respondents were aware of the EU declaration, but obtained information via EU channels and not via those of their national governments.
Conclusions and recommendations
The study concludes that the member states have mainly taken initiatives to promote digital education and skills, initiatives to digitalise public services and initiatives to protect children and young people in the digital environment. Many member states have developed a regulatory framework for digital rights, which – like the EU declaration – takes the form of soft law.
Various obligations arising from the Declaration of Digital Rights and Principles are difficult to monitor. For example, the obligations in the area of freedom of expression, protection against online harms and achieving a work-life balance.
In the area of digital education and skills development, various initiatives and programmes, some of them run by civil rights organisations, have made great progress in educating more vulnerable population groups about the risks of the digital sphere and promoting the safe and responsible use of online resources.
Based on the results of the study, the Commission makes four recommendations for the implementation and enforcement of the Declaration on Digital Rights and Principles.
- Furthermore, member states and the European Commission should promote awareness and participation in the implementation of the declaration, for example by creating a forum for stakeholders to give their feedback;
- The EU member states should develop national programmes to combat inequalities, with a special focus on various marginalised groups that otherwise risk being left behind in digitalisation, such as older people or people from rural areas;
- Member states should learn from the various national initiatives, approaches and practices of other members;
- To create a framework that allows the implementation of the Declaration of Digital Rights and Principles to be measured.
The support study points out that very little time has elapsed between the publication of the Declaration on Digital Rights and Principles in January 2023 and the collection of the data on which this study is based. This study by the EU Commission is therefore not yet able to provide any conclusions about the effect of the declaration, but should serve as a basis for measuring future progress.
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