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JOURNAL OF INTERDISCIPLINARY RESEARCH

EU DIGITAL SINGLE MARKET – ARE WE THERE YET?

DANIELA JEŽOVÁ

Comenius University, Law Faculty, Šafárikovo nám. 6,
Bratislava, Slovakia
email:

daniela.jezova@flaw.uniba.sk

Abstract: Establishing a Digital Single Market is an ambitious goal of the European
Union, which will definitely change the European Union as we know it now. The
article maps the current status quo of the development of the Digital Single Market.
The author uses different sources to identify the movement of the European Union
towards the Digital Single Market. Data protection reform as one of the very important
steps forward the Digital Single Market is also subject of the article.

Keywords: Digital Single Market, Digital Agenda, Data protection reform, Strategy
Europe 2020.

1 Introduction

The creation of a Digital Single Market is a priority of the Union
and aims liberties associated with the EU internal market to
expand to the digital world, thereby promoting growth and
employment in the EU. Following the Lisbon Strategy

, the

Strategy Europe 2020

has introduced the Digital Agenda for

Europe as one of the seven major initiatives, while accepting the
key role of the use of information and communication
technologies, that the EU will succeed in its effort in 2020. The
Digital Agenda for Europe has seven policy areas.

European Union founds important to extend the current EU
single market, which consist of free movement of goods,
services, labor and capital. The single market makes the EU
territory without any barriers. Currently four freedoms included
in the internal market needs to reflect the development of the
society and the digital era. After creating the Digital Single
Market, the European Union can enjoy its full potential.

“A Digital Single Market is one in which the free movement of
goods, persons, services and capital is ensured and where
individuals and businesses can seamlessly access and exercise
online activities under conditions of fair competition, and a high
level of consumer and personal data protection, irrespective of
their nationality or place of residence. Achieving a Digital Single
Market will ensure that Europe maintains its position as a world
leader in the digital economy, helping European companies to
grow globally.”

The idea of the Digital Single Market generally covers the
European Union without any digital barriers, which includes the
option of the consumers to compare goods from all over the
Europe, access the digital entertainment around the Europe,
simple access to sources of information, no barriers when
accessing digital banking and other financial products,
possibility for small and medium businesses present themselves
online and enjoy the opportunities given by the electronic world.

2 Development of the Digital Single Market

The idea of the Digital Single Market came up already in mid -
1990´s. “Michal Barner, the European Commissioner for the
Internal Market, labelled the Digital Single Market a new
frontier in 2013 speech.”

As already mentioned the Strategy Europe 2020 approved by the
EU Commission in 2010 is marked as an official beginning of
the new era in European Union. It established the seven priorities
such as Innovation Union, Youth on the move, A digital agenda

The aim of the Lisbon Strategy was to make the EU “the most competitive and

dynamic knowledge-based economy in the world, capable of continuous economic
growth with more and better jobs and greater social cohesion."

Europe 2020 - A strategy for securing of a smart, sustainable and inclusive growth

(COM (2010) 2020)

(COM(2015) 192), p. 3

Savin, A.: E-Commerce in the Single Market context – the invisible framework, In.:

Research Handbook on EU Internet Law, Cheltenham: Edward Elgar, p. 285

for Europe, Resource efficient Europe, An industrial policy for
the globalization era, An agenda for new skills and jobs,
European platform against poverty.

In May 2010, the Commission published a communication
dealing with the digital agenda for Europe

. Commission

highlighted that it is time for a new single market to deliver the
benefits of the digital era. At the same time, another
communication was published: Towards a Single Market Act;
For a highly competitive social market economy, 50 proposals
for improving our work, business and exchanges with one
another

The preparation for the digital era started, the

Commission provided an accurate action plan about the
legislative development for next years. The aim is to adopt the
new legislative which is a Single Market Act. “Its
implementation will make it possible to exploit the considerable
opportunities for growth presented by the digital economy, the
services sector and developments associated with the
environment and climate change. The adoption of the Single
Market Act will be a dynamic way of commemorating the 20th
anniversary of the single market at the end of 2012.”

In January 2012,

the Commission issued another

communication

about building the Digital Single Market for e-

commerce and online services. The Commission states that
Europe is still not unified in the internet world and has different
legal rules, standards and practices. The aim of the Commission
is to set the plan to meet the Digital Single Market by 2015. Five
obstacles to reach the goal were identified: a) the supply of legal,
cross-border online services are still inadequate; b) there is not
enough information for online service operators or protection for
internet users; c) payment and delivery systems are still
inadequate; d) there are too many cases of abuse and disputes
that are difficult to settle; e) insufficient use is made of high-
speed communication networks and hi-tech solutions. Those
obstacles led to five priorities.

A second communication about the Single Market Act was
published in October 2012

were the Commission stated about

the Digital Single Market that despite progress made, the
European Union is still far from reaching the Digital Single
Market. “To reach our vision of the Digital Single Market, the
EU must address swiftly a number of further issues, including
the best use of spectrum in the Single Market and pursuing a
reflection on the need to further adapt the EU
telecommunications law and copyright law.” The Commission's
vision was a digital economy that delivers sustainable economic
and social benefits based on modern online services and fast
internet connections. All citizens and businesses must have the
opportunity to be part of the digital economy, while at the same
time being protected from illicit trade.

Another step forward reaching the digital single market was the
Commission´s communication from May 2015

stating the

Digital Single Market Strategy. “Europe has the capabilities to
lead in the global digital economy but we are currently not
making the most of them. Fragmentation and barriers that do not
exist in the physical Single Market are holding the EU back.”