Efeitos do Brexit na tecnologia, cibersegurança, direitos de autor e audiovisual europeu

Como será a relação futura do Reino Unido com a União Europeia após a programada saída a 29 de Março de 2019, nomeadamente em áreas como a tecnologia, o direito de autor ou no sector audiovisual?

No documento agora revelado, “The future relationship between the United Kingdom and the European Union“, pretende-se detalhar uma “proposta” de trabalho que esteja terminada até final deste ano.

O documento aponta várias áreas e sectores onde terá de existir alguma negociação, como estas:
– include new arrangements on digital trade, including e-commerce, which enable the UK and the EU to respond nimbly to the new opportunities and challenges presented by emerging technologies, recognising that the UK and the EU will not have current levels of access to each other’s markets;

– Digital services trade between the UK and the EU will continue to be important, as both try to capitalise on the growth of digital technologies globally. While the UK will not be a part of the EU’s Digital Single Market, the UK wants to develop an ambitious policy on digital trade with the EU, as well as globally. The UK therefore proposes a digital relationship that covers:
1) digital trade and e-commerce
The UK’s proposals would include:
a. ensuring cross-border data flows, providing for the removal and prevention of barriers to the flow of data across borders;
b. protecting the free, open and secure internet, working with EU partners to lead the global effort to ensure that the internet is safe and open; and
c. recognising equivalent forms of electronic ID and authentication, ensuring that these are secure, trustworthy and easy to use across borders.

2) telecommunications and digital infrastructure
The UK proposes:
a. joint commitments to an open and liberalised electronic communications sector allowing for fair, equal and competitive access for UK and EU businesses to public telecoms services and networks; and
b. continuing to share cyber threat information to ensure the UK’s and the EU’s infrastructure is robust, resilient and able to adapt to evolving threats online or to digital infrastructure.

3) digital technology
The UK believes that trade should promote the development of new technologies, such as artificial intelligence (AI), and notes that they are vulnerable to non-tariff barriers. New and emerging technologies are also creating new and shared challenges. The UK therefore proposes exploring new models for regulatory cooperation between the UK and the EU to tackle these shared challenges and advance shared objectives in the future.

For example, the European Commission recently committed to set up a European AI Alliance to develop draft ethics guidelines by the end of 2018. After the UK withdraws from the EU, the UK’s Centre for Data Ethics and Innovation intends to participate in this Alliance, alongside its European partners.

4) broadcasting
The UK is leaving the Single Market. As a result, the “country of origin” principle, in which a company based in one Member State can be licenced by a national regulator and broadcast into any other Member State, will no longer apply. The UK is seeking the best possible arrangements for this sector. (…)

European Works is a system designed to promote domestic European production and preserve cultural identity. The European Works content quota applies to works which originate in Member States and non-EU European countries which are party to the European Convention on Transfrontier Television of the Council of Europe (CTT).

This requires broadcasters to reserve a certain amount of air time for European works. In the case of on-demand services, providers must promote the production of and access to European works.

As confirmed in the EU’s “Notice to Stakeholders” in the field of audiovisual media services, works originating in the UK will continue to be classed as European works.

The UK’s position as a party to the CTT will not be affected by the UK’s withdrawal from the EU, and therefore the UK will continue to be able to treat audiovisual works originating in the EU as European works.

Em resumo, nota-se nesta proposta, “Taken together, the UK’s independent trade policy will ensure the UK is ready for the opportunities and challenges presented by the global mega-trends: industrialisation and urbanisation in emerging economies; the rise of disruptive technologies in all sectors; a radical demographic transformation across the world; and greater, deeper, and quicker global interconnectedness. The UK will be agile enough to provide thought leadership on the shape and design of new global rules for new and disruptive technologies [Renewable energy, advanced oil and gas exploration and recovery, advanced materials, 3D printing, energy storage, next generation genomics, autonomous and near-autonomous vehicles, advanced robotics, internet of things, cloud technology, automation of knowledge work, mobile internet]“.

A mesma refere ainda a cibersegurança e o “impact of technology, especially cyber threats and wider technological developments. Malicious cyber activity knows no international boundaries and has grown in terms of intensity, complexity and severity over the course of the last year. There are several established and capable states that seek to target and exploit UK and European networks and devices to gather intelligence or intellectual property. Indiscriminate, disruptive incidents cost billions in damage to Europe’s economy. The proliferation of low-cost, high-end commercial capabilities, novel weapons and sophisticated data-driven technologies, including autonomous systems are also changing the security environment” (…) “These complex and overlapping challenges are likely to remain security priorities for the UK and the EU over the next decade”.

No entanto, nota-se a necessidade de “a new UK-EU strategic dialogue on cyber security to continue close cooperation in specific EU programmes, and agree a framework to work together internationally to promote shared values“.

Neste capítulo da cibersegurança, é dito: “There is a significant cyber threat to the UK and its European allies from state actors and cyber criminals. The UK has played a leading role in developing Europe’s approach to cyber security with the EU institutions themselves, such as the EU Cyber Diplomacy Toolbox, and with related bodies and Member States in sharing threat intelligence and responding operationally to cyber attacks affecting Europe.

The UK’s National Cyber Security Centre (NCSC) should continue to work with the EU’s Computer Emergency Response Team (CERT-EU) to share information on cyber incidents. The National Crime Agency, one of Europol’s European Cybercrime Centre’s most effective partners, will continue to allow the UK and Member States to bring criminals to justice and combat cross-border crime effectively. The UK shares a significant volume of classified threat intelligence assessments with European allies.

For example the NCSC, part of the UK’s intelligence agency GCHQ, shares cyber-related threat intelligence with INTCEN and EU Member States alike.

While that cooperation will continue, the UK proposes going further through:
a. close collaboration between the UK and the Network and Information Security (NIS) Cooperation Group, Computer Security Incident Response Team (CSIRT) Network and the European Union Agency for Network and Information Security (ENISA); and

b. building on existing cooperation to identify opportunities to work together through a regular strategic dialogue and to promote and uphold shared values and beliefs that existing international law applies to cyberspace, underpinned by a vision of a “free, open, peaceful and secure global cyberspace”“.

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