Credit: Maximilian Greger

Starting on Monday 4 November, the European Commissioners-designate will face tough questioning by Members of the European Parliament (MEPs) during their respective hearings. While high-level questions already have been answered in writing, the actual hearings are expected to spark lively exchanges with unscripted questions and answers.

This article provides a primer on key questions that the future Commissioners dealing with the digital economy and tech policy must be able to address with clarity and conviction during the first week of hearings (4-7 November).

Tuesday 5 November

Michael McGrath: Democracy, Justice, and the Rule of Law

Consumer protection

The first major file waiting on Commissioner-designate McGrath’s desk will be checking if EU consumer protection law is still fit for the digital era – and the Commission already conducted a ‘fitness check’ over the last two years. What are McGrath’s views on the current consumer framework? Does he believe it requires changes? And how would the Commissioner ensure that potential changes do not overlap, or contradict, key laws adopted in recent years and months – such as the Digital Services Act (DSA), Digital Markets Act (DMA), the General Data Protection Regulation (GDPR), or the AI Act?

Many stakeholders involved in consumer protection also believe that enhancing enforcement mechanisms, such as the Consumer Protection Cooperation (CPC) network, could address many of the current shortcomings. They argue that strengthening the enforcement of existing laws should take precedence over introducing additional layers of regulation, which would further burden national regulators. In that respect, it will be interesting to hear McGrath’s position on a potential revision of the CPC Regulation.

Privacy

During the hearings of the 2024-2029 European Commission, important questions about data protection are also likely to be raised by MEPs. As future Commissioner tasked with the Democracy, Justice, and the Rule of Law portfolio, McGrath will play a pivotal role in answering these questions.

For instance, in the context of ongoing discussions about reforming the procedural rules surrounding the General Data Protection Regulation (GDPR), will McGrath be able to confirm whether the Commission intends to continue supporting the ‘one-stop-shop’ model, a central feature of the GDPR that is important to many businesses in the digital sector? 

And, in light of the right to good administration, how will the Commissioner ensure that independent EU bodies, such as the European Data Protection Board (EDPB), engage in meaningful consultations with stakeholders before adopting binding opinions or guidelines?

Online advertising

The future of personalised advertising might also be brought up during McGrath’s hearing. Several studies, including one conducted by the European Parliament Research Service, have underscored the importance of online advertising as a quick, flexible, and effective way to reach large audiences, particularly benefiting Europe’s small and medium enterprises. In light of this, it would be interesting to hear McGrath clarify his intentions regarding the regulation of personalised online advertising – which recent opinions by the EDPB on consent-or-pay models, for example, have brought into the question.

Media freedom

Questions about the European Media Freedom Act (EMFA) and its implications for online platforms might also come up. Several EMFA provisions, such as the requirement for ‘special treatment’ of media content by online platforms, will have a substantial impact on the digital landscape. With the rules coming into full effect in 2025, how does Commissioner-designate McGrath think that EMFA implementation should be handled, and which aspects is he planning to prioritise?

Magnus Brunner: Internal Affairs and Migration

Brunner’s hearing will certainly see questions about the proposed Regulation to prevent and combat child sexual abuse (CSA Regulation). During its previous mandate, the European Parliament already adopted a strong position on this controversial proposal, explicitly seeking to exclude end-to-end encrypted material from detection orders.

However, given that some EU Member States are still pushing for rules that would undermine end-to-end encryption, how does candidate Commissioner Brunner plan to ensure that Europeans’ privacy of communications remains protected? Likewise, how will the Commissioner ensure that the final Regulation strikes the right balance between safeguarding citizens’ rights to privacy and protecting the safety of children?

Wednesday 6 November

Maria Luís Albuquerque: Financial Services and the Savings and Investments Union

Commissioner-designate Albuquerque will likely face questions about the proposed payments and open finance package, consisting of the Payments Services Regulation (PSR) and the Financial Data Access (FiDA) Regulation, which is currently under legislative review. This package aims to modernise the payments and finance sectors, adapting them to the needs of the digital age. 

Some, however, are trying to amend the proposal in order to protect the interests of big banks. How does Albuquerque plan to ensure equal opportunities for all parties, particularly those seeking to introduce innovative finance services and compete with traditional players in the sector? Furthermore, while fraud prevention is a crucial objective, how will the Commissioner ensure that these efforts do not put undue burden on companies, potentially stifling innovation and competition in the sector?

Thursday 7 November

Valdis Dombrovskis: Economy and Productivity; Implementation and Simplification

The first week will conclude with the grilling of Valdis Dombrovskis. This veteran of two Commissions has been given the difficult job of driving simplification across EU policies and rules. In this respect, it’s going to be very insightful to hear how Dombrovskis plans to improve and simplify implementation of digital rules, while all the other candidate Commissioners will be keen (or encouraged by MEPs) to come up with more red tape.

Attention will likely turn to implementation of the Digital Services Act (DSA), one of the most significant tech laws passed by the previous Parliament. How does Dombrovskis plan to ensure effective coordination among Member State authorities and Digital Services Coordinators to guarantee consistent DSA implementation across the EU, for instance?

And, generally speaking, will the Commission’s primary focus under Dombrovskis remain enforcement (of the DSA, DMA, AI Act, etc), or will the Commission finally also prioritise providing much-needed compliance support – through guidelines, codes of conduct, secondary legislation, and other tools (which have either been missing or delayed so far)? 

Indeed, Commissioner Dombrovskis is set to play a crucial role in shaping the rollout of landmark EU tech rules, as well as improving Europe’s competitive edge in the digital sector, which will heavily depend on better regulation, implementation, and simplification.