On February 11, 2025, the European Commission made available its 2025 work program, outlining legislative priorities for the year ahead. Among the notable developments is its intention to withdraw three major draft proposals: the ePrivacy Regulation, the Standard Essential Patents (SEPs) Regulation, and the AI Liability Directive.
The ePrivacy Regulation aimed at replacing ePrivacy Directive currently in force. This initiative sought to bring new players providing electronic communications services under the same level of confidentiality of communications as traditional telecom operators. However, disagreements among EU member states regarding key provisions led the Commission to acknowledge that a consensus was unlikely. The Commission also deemed the proposal to be “outdated in view of some recent legislation”.
Another affected initiative is the Standards Essential Patents (SEPs), which sought to harmonize patent law across the EU. Key features of the proposal included, inter alia, the creation of a Competence Centre within the European Union Intellectual Property Office (EUIPO), and the establishment of an obligatory register where SEP holders record their SEPs, providing details on patents and standards. Despite its ambitious scope, the Commission has stated that there is no foreseeable agreement, and it will therefore assess whether another proposal should be tabled or another type of approach should be chosen.
The European Commission also withdrew the AI Liability Directive, which was proposed in 2022, enabling consumers to seek compensation for damages caused by AI systems. The Commission has now stated that it may revisit the idea in the future depending on the impact of existing legislation on the market.
At Christys & Co LLC, Advocates and Legal Consultants, our expert team stays up to date on all legislative developments in the ever-evolving technological sector.
