EU court official: Countries cannot sidestep Ireland to impose stricter regulations on Big Tech
By The Headlines, June 9, 2023 | 09:44 PM
Google, Meta, and TikTok secured a preliminary judicial win over other EU countries' attempts to evade Ireland's regulatory framework.
According to a statement made this week by EU advocate general Maciej Szpunar, Austria shouldn't be permitted to impose responsibility standards on major digital businesses that are more stringent than those established by Irish authorities.
In the issue at hand, the Austrian government sought to hold major digital companies like Google, Meta, and TikTok more accountable for unlawful information shared on their services. But the attorney general determined that this approach violates EU information and e-commerce legislation.
Although the advocate general's decision is not legally enforceable in the EU, it is seen as convincing and is frequently adopted by European courts.
The country-of-origin concept of regulation is subject to exceptions and derogations under EU law that allow for the application of different laws in different nations.
However, "a member state other than the member state of origin may derogate from the free movement of information society services only by measures taken on a case-by-case basis, after prior notification to the Commission and after requesting that the member state of origin take measures with respect to information society services, which did not occur in this case.
Furthermore, it would be equivalent to approving the fragmentation of the internal market by national rules to hold that a generic and abstract provision that applies to any supplier of a class of information society services qualifies as a measure."