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WHITE PAPER DIGITAL PLATFORMS Digital regulatory policy for growth, innovation, competition and participationWHITE PAPER DIGITAL PLATFORMS Digital regulatory policy for growth, innovation, competition and participationContentsPreface 61. Where we are: Far reaching changes for economy and society 121.1 Digital remapping of the world 141.2 Digital infrastructures pave the way for digitalisation 171.3 Platforms as driver of development 211.4 The digitalisation status quo in Germany and Europe 241.5 New opportunities in digitalisation 261.6 From Green Paper to White Paper 312. Where we want to get to: The European path in the digital age 382.1 Transformation instead of disruption 412.2 Growth dynamism and participation 442.3 Security and clear rules for democratic discourse 492.4 European sovereignty 513. What we will do: Our digital policy agenda 543.1 Promoting and shaping competition fairly 573.1.1 General competition law 583.1.2 Level playing field for OTTs 613.1.3 Dual, proactive competition law 633.1.4 International tax competition 66 3.2 Creating a modern data economy 663.2.1 Free flow of data and rights to use data 673.2.2 General Data Protection Regulation 703.2.3 Seals and certificates 713.2.4 Trust Services Act 723.2.5 Transparency rules 743.2.6 Self-learning algorithms 763.2.7 Data portability 763.2.8 Law on general terms and conditions of business 783.2.9 Experimentation rooms 793.3 Setting up gigabit-capable digital infrastructures across the nation 803.3.1 Support and promotion of the expansion of gigabit networks 853.3.2 Investment-oriented telecommunication regulation 873.3.3 WiFi hotspots 893.4 Securing a democratic digital culture 913.4.1 Strengthening of basic rights in the internet 933.4.2 European complaints system 963.5 Digital state competence and institutional structure 973.5.1 Closing the competence gap 983.3.2 Model variants of a digital agency 1014. Summary and outlook: Digitalisation “made in Europe” 102Preface8PrefaceThe ongoing development of the German and European economy towards a digital production and platform economy promises to become a driver of growth, innovation, productivity and employment. We need to prepare for this. Industry, society, and politics all must pull together here.How can we achieve inclusive growth for a democratic society in an afflu-ent Europe? In my view, we can do this through a digitally transformed economy with a strong industrial base, through digitally proficient com-panies and citizens, and through a politically, economically and socially strong Europe. Our agenda is not only focused on Germany. We wish to realise the Digital Single Market in a social European Union.The process of digitalisation has great growth and efficiency potential. According to information from the European Commission, a Digital Single Market could contribute 415 billion euros per year to the economic performance of the European Union and create hundreds of thousands of new jobs. For example, the market volume of the Internet of Things is estimated to be some 1.9 billion euros in 2020.1The Digital Strategy 2025, in which baselines, measures and objectives were presented by the Federal Ministry of Economic Affairs and Energy (BMWi) at the beginning of March 2016, identified central principles and areas of action designed to make best possible use of digitalisation as an important stimulus for the shaping of our economy and society.All in all, we come to the conclusion that the digital revolution can repre-sent a qualitative leap forward for Germany if we set the right course.Our success model for growth, innovation and employment is the Social Market Economy. The Social Market Economy means competition, free-dom to contract, free pricing, private ownership and liability for economic decisions. Digital business models are challenging these attributes.1 Boston Consulting Group: Digitizing Europe. Why Northern European Frontrunners Must Drive Digitization of the EU Economy, 2016 a.9de.digitalHow can competition be ensured where network effects can lead to mar-kets being closed off due to concentration trends? How can the freedom to contract be maintained if the data control by platform operators leads to information imbalances? Which function is performed by the pricing mechanism where services are provided on one side of the platform free of charge because they are funded by payments on the other side? What is the role of ownership when data become a common good which, however, can be randomly multiplied? And how can liability gaps be avoided where freedoms unfold without the assumption of responsibility?The Social Market Economy also has answers to these questions. Its fun-damental principles have not lost significance or applicability although its influence must be adjusted to the altered economic and social reality. The order of the digital markets must be determined and the regulatory policy of digitalisation formulated. Our intention with this White Paper is to move a decisive step closer to this objective and to provide answers.As we see it, two objectives are paramount: Facilitating inclusive growth by investments and innovations on the basis of fair competition. Guaranteeing individual basic rights and data sovereignty.The digital economy is challenging society as a whole to adjust. Any such adjustment can only succeed if based on wide-spread dialogue. It was therefore important to incorporate all stakeholders in a broad and detailed process and to give them space for ideas and suggestions and of course also for opposing arguments and positions.10A period of four months was deliberately set for the consultation phase in order to give business representatives, associations and interested parties from all areas of society time to contribute their input. They were able to actively contribute to the debate through different communication channels. We provided the initial impetus with twelve propositions and 52 questions to trigger an animated discussion processThe participation numbers confirmed that there was a need to address the topic in depth. Almost 65,000 visits to the online participation portal de.digital, 263 contributions and 10,464 assessments were received. In addition, 70 extensive written opinions were submitted by businesses, industrial associations, trade unions, non-profit organisations, the scien-tific community and the interested general public. Finally, we held five workshops on the future shaping of a regulatory framework for digital platforms together with experts from industry, science, the civil society and politics, flanked by many discussions. The White Paper is the result of this consultation process.We want the same rules for all providers on a market. Where messenger services and other over-the-top services compete with traditional tele-communication services, the same rules must apply for consumer protec-tion, data protection and security throughout Europe.We want to shorten the time official procedures take to avoid any en-trenchment of restrictions on competition. We therefore want to create an environment in which long-lasting procedures involving authorities and courts are avoided. New technologies need to be introduced quickly, and the necessary investment undertaken rapidly and on a basis of legal certainty. This is of great importance particularly in dynamic digital markets. 11de.digitalAnd we want to set the framework for a modern data economy, efficient gigabit networks and a democratic digital culture.However, the White Paper can only be an important stepping stone. The process must and will continue. Our proposals for a digital regulatory policy have also been deliberately formulated for the European debate and extend beyond the current legislative period. We will implement that which we can implement alone, and where we are dependent on cooper-ation we will contribute our proposals and positions in dialogue with our partners. And we will continue to start debates, conduct dialogue and be open for discussion.We would like to thank all those who have participated in the consulta-tion process and who have contributed their ideas for their commitment and their support. We see that there is a common interest in the decisive advancement of a digital Germany. We would like to thank Professor Dr Thomas Fetzer and Professor Dr Heike Schweitzer and Professor Dr Mar-tin Peitz, the Wissenschaftliches Institut fr Infrastruktur und Kommu-nikationsdienste (WIK) for valuable scientific input, as well as Professor Dr Torsten Oltmanns and Mr Dirk Horstktter of Roland Berger GmbH for valuable scientific input and support of the process.Brigitte Zypries For the Federal Ministry of Economic Affairs and Energy1.Where we are: Far reaching changes for economy and society141.Where we are: Far reaching changes for economy and societyWe seek to make Germany and Europe, with their core competences in industrial value added and production, into a leading location for digital industrial production and to make extensive use of the potential present-ed by digitalisation for the DNA of our economy. Digital platforms can make a contribution to improving our lives and economy. It is essential to ensure fair competition here. We wish to create a legal framework which supports innovation without creating a legal vacuum.The strength of our industrial value added should also to provide the foundation for the new strength in the digital age. If we are to succeed in this transformation, we must embed digital platforms and platform strat-egies in our own economies.Platforms as central nodes, interest levellers, data processors, innovation drivers and market makers have a decisive influence on the development of the digital economy and increasingly define growth potential and the framework conditions for competition within a country.A digitalisation offensive must provide a clever regulatory framework for the development of platform business models. Platforms are compelling existing companies to think about the future viability of their business models.1.1 Digital remapping of the worldDigitalisation places much in question and hardly anything stays the same. The world is being remapped. Digitalisation alters society, economy and 15de.digitalpolitics. It means the comprehensive penetration, networking and change of almost all areas of life and work by information and communication technologies. It stands for the ability to collect and analyse information and turn it into action: into communication, transaction, interaction. As never before, processing steps are now increasingly taking place parallel to each other in real time. This permits enormous leaps in productivity but also increases the speed of change.Products and services increasingly contain digital value added and are getting “smart” by incorporation into intelligent and networked systems. New business models are arising in the digital environment. Completely new ecosystems with value added chains are being created in which data are an important resource. The use of digital (data) technologies gives rise to new areas of knowledge and industry: we are now seeing data-support-ed health services (e-health), using data-driven financial services (Fin-Techs) and have the first applications of intelligently networked energy production and supply (smart home).The production world is also experiencing a rapid increase in digitalisa-tion. The revolution is going far beyond the point of merely facilitating the further automatisation of processes using information and commu-nication technologies. The entire system of goods and product manufac-ture is being revolutionised. Completely new ways of serving customers more efficiently and more individually are being developed in intelligent factories. One objective is the “Lot size 1”, the automated production of individual units. To realise this, man and machine are being networked ever more closely and machines are then extensively communicating with each other.New data, networking, the use of artificial intelligence and the digital customer interface are altering existing value added chains. Value is no longer added sequentially and with a time delay but in a mesh of constant-ly communicating and flexibly reacting units which essentially organise themselves.The development of digital businesses demonstrates the force of change of these dynamic value added networks most impressively.16One example of this is the former online bookshop Amazon which first turned into an internet department store, then became the provider of complex logistics services, later a cloud service provider and producer of tablets and smartphones, and finally a video platform. The enterprise has since also entered the online groceries business.Central political changes which have long become main stream include a digital diversity of opinion which has never before existed in this way. The internet has become the exchange hub. A (mobile) terminal device and a stable data connection are all that is required to broadcast ones own opinion or to spread it rapidly via other users. The participation of the general public in every conceivable respect has become possible in the digital age. Democracy can also benefit from new elements of direct participation if the general public is able to contribute to local decisions online, for example.The indisputable advantages and progress of digitalisation are also contrasted by possible risks and negative developments. We all sense this ambivalence.New technologies are helping people to organise their lives, making them more independent, enabling them to live more healthily and to share products such as cars with each other. Every individual can communicate whenever and with whoever he wishes, obtain information quickly and in depth and actively participate in society. As a consumer, the individual has broad choices, tailor-made products and services as well as individual prices. As so-called “prosumer” he can assume a role as consumer and producer of services and products at one and the same time.At the same time, however, digitalisation brings new insecurities: people are worried about the loss of sovereignty over their private data, see the lack of transparency about the truth of news and information as well as the correctness of prices and are increasingly experiencing polarising and extreme public discussions in digital channels. Probably the greatest fear of many people is that digitalisation will make their jobs superfluous because computers or robots will take over. Which qualifications will at all be adequate in future to safely navigate the world of work?Cloud service providers Cloud service providers offer cloud comput-ing services. Cloud computing is one of the most important technologies in the ICT field, and offers companies the opportunity to obtain customised
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