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Replacing plastic with plant pulp for sustainable packaging attracts a billionaire backer

In a small suburb of Melbourne, two entrepreneurs are developing a technology that could mean big changes for the packaging industry.

Stuart Gordon and Mark Appleford are the co-founders of Varden, a company that has developed a process to take the waste material from sugarcane and convert it into a paper-like packaging product with the functional attributes of plastic. 

Their technology managed to grab the attention of — and $2.2 million in funding from — Horizons Ventures, the venture capital fund managing the money of Li Ka-shing, one of the world’s wealthiest men.

It’s an opportune time to launch a novel packaging technology, as the European Union has already instituted a ban on single-use plastic items, which will go into effect in 2021. Taking their lead, companies like Nestlé  and Walmart have pledged to use only sustainable packaging for products beginning in 2025.

The environmental toll that packaging takes on the earth’s habitats is already a concern for many, and the urgency to find a solution is only mounting with consumers and businesses actually producing more waste in the rush to change consumer behavior and socially distance as a result of the COVID-19 global pandemic.

“I like technologies that focus on carbon reductions,” said Chris Liu, Horizons Ventures’ representative in Australia.

A longtime tech and product executive who had stints at Intel and Fjord, a digital design studio, Liu relocated to Australia recently and has actually taken himself off the grid.

Living in Western Australia, the climate emergency was brought directly to the top of Liu’s mind when the wildfires, which raged through the country, came within two kilometers of his new home. 

For Mark Appleford, it wasn’t so much the fires as it was the garbage that kept washing up on the shores of his beloved beaches.

Over beers at a barbecue he began talking to his eventual co-founder, Stuart Gordon, about the environmental problem they’d solve if they had the ability to change things. They settled on plastics.  

Working in Appleford’s laundry room they started developing the technology that would become Varden. That early laundry room-work in 2015 led to a small seed round and the company’s long slog to get an initial product in the hands of test customers.

Finagling some time with the New Zealand manufacturer Fisher and Paykel, the two co-founders put together an early prototype of their coffee pods made from sugarcane bagasse, a waste byproduct of the sugar feedstock.

“We worked backwards through customers to supply chain, which led us to material selection, which was something that would allow us to create a product that people understood,” said Gordon.

The production process has evolved to fit inside a 40-foot container that holds the firm’s machine, which takes agricultural waste and converts that waste into packaging.

Instead of using rollers like a paper mill, Varden’s technology uses a thermoform to mold the plant waste into a product that has the same properties as plastic.

It removes a complicated step that’s been essential to the current crop of bioplastics, which use bacteria to convert plant waste into plastic substitutes that are then sold to the industry.

“It looks like paper… you can tear it in half and it sounds like paper when you rip it, and you can throw it in the bin,” said Appleford. 

Gordon said that the company’s containers are outperforming commodity based plastics. And the first target for replacement, the founders said, is coffee capsules.

“We went for coffee because it’s the hardest,” said Appleford.

It’s also a huge market, according to the company. Varden estimates there are more than 20 billion coffee pods consumed every year.

With the new money, Varden will begin manufacturing at scale to meet initial demand from pilot customers and is hoping to expand its product line to include medical blister packs in addition to the coffee pods.

“A pilot plant on the products we’re looking at is a pilot plant that can generate 20 million units a year,” said Gordon.

Both men are hoping that their product — and others like it — can usher in a generation of new sustainable packaging materials that are better for the environment at every stage of their life cycle.

“The next generation of packaging will be better… there are plant-based flexibles for your salads, for your potato chips… [But] the next generation of molded packaging is us… bioplastic will ultimately go.”

 

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Digital mapping of coronavirus contacts will have key role in lifting Europe’s lockdown, says Commission

The European Commission has set out a plan for coordinating the lifting of regional coronavirus restrictions that includes a role for digital tools in what the EU executive couches as “a robust system of reporting and contact tracing.” However it has reiterated that such tools must “fully respect data privacy.”

Last week, the Commission made a similar call for a common approach to data and apps for fighting the coronavirus, emphasizing the need for technical measures to be taken to ensure that citizens’ rights and freedoms aren’t torched in the scramble for a tech fix.

Today’s toolbox of measures and principles is the next step in its push to coordinate a pan-EU response.

Responsible planning on the ground, wisely balancing the interests of protection of public health with those of the functioning of our societies, needs a solid foundation. That’s why the Commission has drawn up a catalogue of guidelines, criteria and measures that provide a basis for thoughtful action,” said EC president Ursula von der Leyen, commenting on the full roadmap in a statement.

“The strength of Europe lies in its social and economic balance. Together we learn from each other and help our European Union out of this crisis,” she added.

Harmonized data gathering and sharing by public health authorities — “on the spread of the virus, the characteristics of infected and recovered persons and their potential direct contacts” — is another key plank of the plan for lifting coronavirus restrictions on citizens within the 27 Member State bloc.

While ‘anonymized and aggregated’ data from commercial sources — such as telcos and social media platforms — is seen as a potential aid to pandemic modelling and forecasting efforts, per the plan.

“Social media and mobile network operators can offer a wealth of data on mobility, social interactions, as well as voluntary reports of mild disease cases (e.g. via participatory surveillance) and/or indirect early signals of disease spread (e.g. searches/posts on unusual symptoms),” it writes. “Such data, if pooled and used in anonymised, aggregated format in compliance with EU data protection and privacy rules, could contribute to improve the quality of modelling and forecasting for the pandemic at EU level.”

The Commission has been leaning on telcos to hand over fuzzy metadata for coronavirus modelling which it wants done by the EU’s Joint Research Centre. It wrote to 19 mobile operators last week to formalize its request, per Euractiv, which reported yesterday that its aim is to have the data exchange system operational ‘as soon as possible’ — with the hope being it will cover all the EU’s member states.

Other measures included in the wider roadmap are the need for states to expand their coronavirus testing capacity and harmonize tesing methodologies — with the Commission today issuing guidelines to support the development of “safe and reliable testing”.

Steps to support the reopening of internal and external EU borders is another area of focus, with the executive generally urging a gradual and phased lifting of coronavirus restrictions.

On contacts tracing apps specifically, the Commission writes:

“Mobile applications that warn citizens of an increased risk due to contact with a person tested positive for COVID-19 are particularly relevant in the phase of lifting containment measures, when the infection risk grows as more and more people get in contact with each other. As experienced by other countries dealing with the COVID-19 pandemic, these applications can help interrupt infection chains and reduce the risk of further virus transmission. They should thus be an important element in the strategies put in place by Member States, complementing other measures like increased testing capacities.

“The use of such mobile applications should be voluntary for individuals, based on users’ consent and fully respecting European privacy and personal data protection rules. When using tracing apps, users should remain in control of their data. National health authorities should be involved in the design of the system. Tracing close proximity between mobile devices should be allowed only on an anonymous and aggregated basis, without any tracking of citizens, and names of possibly infected persons should not be disclosed to other users. Mobile tracing and warning applications should be subject to demanding transparency requirements, be deactivated as soon as the COVID-19 crisis is over and any remaining data erased.”

“Confidence in these applications and their respect of privacy and data protection are paramount to their success and effectiveness,” it adds.

Earlier this week Apple and Google announced a collaboration around coronavirus contracts tracing — throwing their weight behind a privacy-sensitive decentralized approach to proximity tracking that would see ephemeral IDs processed locally on devices, rather than being continually uploaded and held on a central server.

A similar decentralized infrastructure for Bluetooth-based COVID-19 contacts tracing had already been suggested by a European coalition of privacy and security experts, as we reported last week.

While a separate coalition of European technologists and researchers has been pushing a standardization effort for COVID-19 contacts tracing that they’ve said will support either centralized or decentralized approaches — in the hopes of garnering the broadest possible international backing.

For its part the Commission has urged the use of technologies such as decentralization for COVID-19 contacts tracing to ensure tools align with core EU principles for handling personal data and safeguarding individual privacy, such as data minimization.

However governments in the region are working on a variety of apps and approaches for coronavirus contacts tracing that don’t all look as if they will check a ‘rights respecting’ box…

Poland advertised a new product to enforce #coronavirus #COVID19 quarantaine? Electronic bracelet equipped with geolocation sensor (and a microphone, apparently), for “constant monitoring instead of random checks”. https://t.co/WipDJDnLK8 pic.twitter.com/ormYjM1EyJ

— Lukasz Olejnik (@lukOlejnik) April 14, 2020

In a video address last week, Europe’s lead privacy regulator, the EDPS, intervened to call for a “panEuropean model ‘COVID-19 mobile application’, coordinated at EU level” — in light of varied tech efforts by Member States which involve the processing of personal data for a claimed public health purpose.

“The use of temporary broadcast identifiers and bluetooth technology for contact tracing seems to be a useful path to achieve privacy and personal data protection effectively,” said Wojciech Wiewiórowski on Monday week. “Given these divergences, the European Data Protection Supervisor calls for a panEuropean model “COVID-19 mobile application”, coordinated at EU level. Ideally, coordination with the World Health Organisation should also take place, to ensure data protection by design globally from the start.”

The Commission has not gone so far in today’s plan — calling instead for Member States to ensure their own efforts align with the EU’s existing data protection framework.

Though its roadmap is also heavy on talk of the need for “coordination between Member Statesto avoid negative effects” — dubbing it “a matter of common European interest”. But, for now, the Commission has issued a list of recommendations; it’s up to Member States to choose to fall in behind them or not.

With the caveat that EU regulators are watching very carefully how states’ handle citizens’ data.

“Legality, transparency and proportionality are essential for me,” warned Wiewiórowski, ending last week’s intervention on the EU digital response to the coronavirus with a call for “digital solidarity, which should make data working for all people in Europe and especially for the most vulnerable” — and a cry against “the now tarnished and discredited business models of constant surveillance and targeting that have so damaged trust in the digital society”.

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Google is now publishing coronavirus mobility reports, feeding off users’ location history

Google is giving the world a clearer glimpse of exactly how much it knows about people everywhere — using the coronavirus crisis as an opportunity to repackage its persistent tracking of where users go and what they do as a public good in the midst of a pandemic.

In a blog post today, the tech giant announced the publication of what it’s branding COVID-19 Community Mobility Reports, an in-house analysis of the much more granular location data it maps and tracks to fuel its ad-targeting, product development and wider commercial strategy to showcase aggregated changes in population movements around the world.

The coronavirus pandemic has generated a worldwide scramble for tools and data to inform government responses. In the EU, for example, the European Commission has been leaning on telcos to hand over anonymized and aggregated location data to model the spread of COVID-19.

Google’s data dump looks intended to dangle a similar idea of public policy utility while providing an eyeball-grabbing public snapshot of mobility shifts via data pulled off of its global user-base.

In terms of actual utility for policymakers, Google’s suggestions are pretty vague. The reports could help government and public health officials “understand changes in essential trips that can shape recommendations on business hours or inform delivery service offerings,” it writes.

“Similarly, persistent visits to transportation hubs might indicate the need to add additional buses or trains in order to allow people who need to travel room to spread out for social distancing,” it goes on. “Ultimately, understanding not only whether people are traveling, but also trends in destinations, can help officials design guidance to protect public health and essential needs of communities.”

The location data Google is making public is similarly fuzzy — to avoid inviting a privacy storm — with the company writing it’s using “the same world-class anonymization technology that we use in our products every day,” as it puts it.

“For these reports, we use differential privacy, which adds artificial noise to our datasets enabling high quality results without identifying any individual person,” Google writes. “The insights are created with aggregated, anonymized sets of data from users who have turned on the Location History setting, which is off by default.”

“In Google Maps, we use aggregated, anonymized data showing how busy certain types of places are—helping identify when a local business tends to be the most crowded. We have heard from public health officials that this same type of aggregated, anonymized data could be helpful as they make critical decisions to combat COVID-19,” it adds, tacitly linking an existing offering in Google Maps to a coronavirus-busting cause.

The reports consist of per country, or per state, downloads (with 131 countries covered initially), further broken down into regions/counties — with Google offering an analysis of how community mobility has changed vs a baseline average before COVID-19 arrived to change everything.

So, for example, a March 29 report for the whole of the U.S. shows a 47 percent drop in retail and recreation activity vs the pre-CV period; a 22% drop in grocery & pharmacy; and a 19% drop in visits to parks and beaches, per Google’s data.

While the same date report for California shows a considerably greater drop in the latter (down 38% compared to the regional baseline); and slightly bigger decreases in both retail and recreation activity (down 50%) and grocery & pharmacy (-24%).

Google says it’s using “aggregated, anonymized data to chart movement trends over time by geography, across different high-level categories of places such as retail and recreation, groceries and pharmacies, parks, transit stations, workplaces, and residential.” The trends are displayed over several weeks, with the most recent information representing 48-to-72 hours prior, it adds.

The company says it’s not publishing the “absolute number of visits” as a privacy step, adding: “To protect people’s privacy, no personally identifiable information, like an individual’s location, contacts or movement, is made available at any point.”

Google’s location mobility report for Italy, which remains the European country hardest hit by the virus, illustrates the extent of the change from lockdown measures applied to the population — with retail & recreation dropping 94% vs Google’s baseline; grocery & pharmacy down 85%; and a 90% drop in trips to parks and beaches.

The same report shows an 87% drop in activity at transit stations; a 63% drop in activity at workplaces; and an increase of almost a quarter (24%) of activity in residential locations — as many Italians stay at home instead of commuting to work.

It’s a similar story in Spain — another country hard-hit by COVID-19. Though Google’s data for France suggests instructions to stay-at-home may not be being quite as keenly observed by its users there, with only an 18% increase in activity at residential locations and a 56% drop in activity at workplaces. (Perhaps because the pandemic has so far had a less severe impact on France, although numbers of confirmed cases and deaths continue to rise across the region.)

While policymakers have been scrambling for data and tools to inform their responses to COVID-19, privacy experts and civil liberties campaigners have rushed to voice concerns about the impacts of such data-fueled efforts on individual rights, while also querying the wider utility of some of this tracking.

And yes, the disclaimer is very broad. I’d say, this is largely a PR move.

Apart from this, Google must be held accountable for its many other secondary data uses. And Google/Alphabet is far too powerful, which must be addressed at several levels, soon. https://t.co/oksJgQAPAY

— Wolfie Christl (@WolfieChristl) April 3, 2020

Contacts tracing is another area where apps are fast being touted as a potential solution to get the West out of economically crushing population lockdowns — opening up the possibility of people’s mobile devices becoming a tool to enforce lockdowns, as has happened in China.

“Large-scale collection of personal data can quickly lead to mass surveillance,” is the succinct warning of a trio of academics from London’s Imperial College’s Computational Privacy Group, who have compiled their privacy concerns vis-a-vis COVID-19 contacts tracing apps into a set of eight questions app developers should be asking.

Discussing Google’s release of mobile location data for a COVID-19 cause, the head of the group, Yves-Alexandre de Montjoye, gave a general thumbs up to the steps it’s taken to shrink privacy risks. Although he also called for Google to provide more detail about the technical processes it’s using in order that external researchers can better assess the robustness of the claimed privacy protections. Such scrutiny is of pressing importance with so much coronavirus-related data grabbing going on right now, he argues.

“It is all aggregated; they normalize to a specific set of dates; they threshold when there are too few people and on top of this they add noise to make — according to them — the data differentially private. So from a pure anonymization perspective it’s good work,” de Montjoye told TechCrunch, discussing the technical side of Google’s release of location data. “Those are three of the big ‘levers’ that you can use to limit risk. And I think it’s well done.”

“But — especially in times like this when there’s a lot of people using data — I think what we would have liked is more details. There’s a lot of assumptions on thresholding, on how do you apply differential privacy, right?… What kind of assumptions are you making?” he added, querying how much noise Google is adding to the data, for example. “It would be good to have a bit more detail on how they applied [differential privacy]… Especially in times like this it is good to be… overly transparent.”

While Google’s mobility data release might appear to overlap in purpose with the Commission’s call for EU telco metadata for COVID-19 tracking, de Montjoye points out there are likely to be key differences based on the different data sources.

“It’s always a trade off between the two,” he says. “It’s basically telco data would probably be less fine-grained, because GPS is much more precise spatially and you might have more data points per person per day with GPS than what you get with mobile phone but on the other hand the carrier/telco data is much more representative — it’s not only smartphone, and it’s not only people who have latitude on, it’s everyone in the country, including non smartphone.”

There may be country specific questions that could be better addressed by working with a local carrier, he also suggested. (The Commission has said it’s intending to have one carrier per EU Member State providing anonymized and aggregated metadata.)

On the topical question of whether location data can ever be truly anonymized, de Montjoye — an expert in data reidentification — gave a “yes and no” response, arguing that original location data is “probably really, really hard to anonymize”.

“Can you process this data and make the aggregate results anonymous? Probably, probably, probably yes — it always depends. But then it also means that the original data exists… Then it’s mostly a question of the controls you have in place to ensure the process that leads to generating those aggregates does not contain privacy risks,” he added.

Perhaps a bigger question related to Google’s location data dump is around the issue of legal consent to be tracking people in the first place.

While the tech giant claims the data is based on opt-ins to location tracking the company was fined $57M by France’s data watchdog last year for a lack of transparency over how it uses people’s data.

Then, earlier this year, the Irish Data Protection Commission (DPC) — now the lead privacy regulator for Google in Europe — confirmed a formal probe of the company’s location tracking activity, following a 2018 complaint by EU consumers groups which accuses Google of using manipulative tactics in order to keep tracking web users’ locations for ad-targeting purposes.

“The issues raised within the concerns relate to the legality of Google’s processing of location data and the transparency surrounding that processing,” said the DPC in a statement in February, announcing the investigation.

The legal questions hanging over Google’s consent to track people likely explains the repeat references in its blog post to people choosing to opt in and having the ability to clear their Location History via settings. (“Users who have Location History turned on can choose to turn the setting off at any time from their Google Account, and can always delete Location History data directly from their Timeline,” it writes in one example.)

In addition to offering up coronavirus mobility porn reports — which Google specifies it will continue to do throughout the crisis — the company says it’s collaborating with “select epidemiologists working on COVID-19 with updates to an existing aggregate, anonymized dataset that can be used to better understand and forecast the pandemic.”

“Data of this type has helped researchers look into predicting epidemics, plan urban and transit infrastructure, and understand people’s mobility and responses to conflict and natural disasters,” it adds.

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An EU coalition of techies is backing a ‘privacy-preserving’ standard for COVID-19 contacts tracing

A European coalition of techies and scientists drawn from at least eight countries, and led by Germany’s Fraunhofer Heinrich Hertz Institute for telecoms (HHI), is working on contacts-tracing proximity technology for COVID-19 that’s designed to comply with the region’s strict privacy rules — officially unveiling the effort today.

China-style individual-level location-tracking of people by states via their smartphones even for a public health purpose is hard to imagine in Europe — which has a long history of legal protection for individual privacy. However the coronavirus pandemic is applying pressure to the region’s data protection model, as governments turn to data and mobile technologies to seek help with tracking the spread of the virus, supporting their public health response and mitigating wider social and economic impacts.

Scores of apps are popping up across Europe aimed at attacking coronavirus from different angles. European privacy not-for-profit, noyb, is keeping an updated list of approaches, both led by governments and private sector projects, to use personal data to combat SARS-CoV-2 — with examples so far including contacts tracing, lockdown or quarantine enforcement and COVID-19 self-assessment.

The efficacy of such apps is unclear — but the demand for tech and data to fuel such efforts is coming from all over the place.

In the UK the government has been quick to call in tech giants, including Google, Microsoft and Palantir, to help the National Health Service determine where resources need to be sent during the pandemic. While the European Commission has been leaning on regional telcos to hand over user location data to carry out coronavirus tracking — albeit in aggregated and anonymized form.

The newly unveiled Pan-European Privacy-Preserving Proximity Tracing (PEPP-PT) project is a response to the coronavirus pandemic generating a huge spike in demand for citizens’ data that’s intended to offer not just an another app — but what’s described as “a fully privacy-preserving approach” to COVID-19 contacts tracing.

The core idea is to leverage smartphone technology to help disrupt the next wave of infections by notifying individuals who have come into close contact with an infected person — via the proxy of their smartphones having been near enough to carry out a Bluetooth handshake. So far so standard. But the coalition behind the effort wants to steer developments in such a way that the EU response to COVID-19 doesn’t drift towards China-style state surveillance of citizens.

While, for the moment, strict quarantine measures remain in place across much of Europe there may be less imperative for governments to rip up the best practice rulebook to intrude on citizens’ privacy, given the majority of people are locked down at home. But the looming question is what happens when restrictions on daily life are lifted?

Contacts tracing — as a way to offer a chance for interventions that can break any new infection chains — is being touted as a key component of preventing a second wave of coronavirus infections by some, with examples such as Singapore’s TraceTogether app being eyed up by regional lawmakers.

Singapore does appear to have had some success in keeping a second wave of infections from turning into a major outbreak, via an aggressive testing and contacts-tracing regime. But what a small island city-state with a population of less than 6M can do vs a trading bloc of 27 different nations whose collective population exceeds 500M doesn’t necessarily seem immediately comparable.

Europe isn’t going to have a single coronavirus tracing app. It’s already got a patchwork. Hence the people behind PEPP-PT offering a set of “standards, technology, and services” to countries and developers to plug into to get a standardized COVID-19 contacts-tracing approach up and running across the bloc.

The other very European flavored piece here is privacy — and privacy law. “Enforcement of data protection, anonymization, GDPR [the EU’s General Data Protection Regulation] compliance, and security” are baked in, is the top-line claim.

“PEPP-PR was explicitly created to adhere to strong European privacy and data protection laws and principles,” the group writes in an online manifesto. “The idea is to make the technology available to as many countries, managers of infectious disease responses, and developers as quickly and as easily as possible.

“The technical mechanisms and standards provided by PEPP-PT fully protect privacy and leverage the possibilities and features of digital technology to maximize speed and real-time capability of any national pandemic response.”

Hans-Christian Boos, one of the project’s co-initiators — and the founder of an AI company called Arago –discussed the initiative with German newspaper Der Spiegel, telling it: “We collect no location data, no movement profiles, no contact information and no identifiable features of the end devices.”

The newspaper reports PEPP-PT’s approach means apps aligning to this standard would generate only temporary IDs — to avoid individuals being identified. Two or more smartphones running an app that uses the tech and has Bluetooth enabled when they come into proximity would exchange their respective IDs — saving them locally on the device in an encrypted form, according to the report.

Der Spiegel writes that should a user of the app subsequently be diagnosed with coronavirus their doctor would be able to ask them to transfer the contact list to a central server. The doctor would then be able to use the system to warn affected IDs they have had contact with a person who has since been diagnosed with the virus — meaning those at risk individuals could be proactively tested and/or self-isolate.

On its website PEPP-PT explains the approach thus:

Mode 1
If a user is not tested or has tested negative, the anonymous proximity history remains encrypted on the user’s phone and cannot be viewed or transmitted by anybody. At any point in time, only the proximity history that could be relevant for virus transmission is saved, and earlier history is continuously deleted.

Mode 2
If the user of phone A has been confirmed to be SARS-CoV-2 positive, the health authorities will contact user A and provide a TAN code to the user that ensures potential malware cannot inject incorrect infection information into the PEPP-PT system. The user uses this TAN code to voluntarily provide information to the national trust service that permits the notification of PEPP-PT apps recorded in the proximity history and hence potentially infected. Since this history contains anonymous identifiers, neither person can be aware of the other’s identity.

Providing further detail of what it envisages as “Country-dependent trust service operation”, it writes: “The anonymous IDs contain encrypted mechanisms to identify the country of each app that uses PEPP-PT. Using that information, anonymous IDs are handled in a country-specific manner.”

While on healthcare processing is suggests: “A process for how to inform and manage exposed contacts can be defined on a country by country basis.”

Among the other features of PEPP-PT’s mechanisms the group lists in its manifesto are:

  • Backend architecture and technology that can be deployed into local IT infrastructure and can handle hundreds of millions of devices and users per country instantly.
  • Managing the partner network of national initiatives and providing APIs for integration of PEPP-PT features and functionalities into national health processes (test, communication, …) and national system processes (health logistics, economy logistics, …) giving many local initiatives a local backbone architecture that enforces GDPR and ensures scalability.
  • Certification Service to test and approve local implementations to be using the PEPP-PT mechanisms as advertised and thus inheriting the privacy and security testing and approval PEPP-PT mechanisms offer.

Having a standardized approach that could be plugged into a variety of apps would allow for contacts tracing to work across borders — i.e. even if different apps are popular in different EU countries — an important consideration for the bloc, which has 27 Member States.

However there may be questions about the robustness of the privacy protection designed into the approach — if, for example, pseudonymized data is centralized on a server that doctors can access there could be a risk of it leaking and being re-identified. And identification of individual device holders would be legally risky.

Europe’s lead data regulator, the EDPS, recently made a point of tweeting to warn an MEP (and former EC digital commissioner) against the legality of applying Singapore-style Bluetooth-powered contacts tracing in the EU — writing: “Please be cautious comparing Singapore examples with European situation. Remember Singapore has a very specific legal regime on identification of device holder.”

Dear Mr. Commissioner, please be cautious comparing Singapoore examples with European situation. Remember Singapore has a very specific legal regime on identification of device holder.

— Wojtek Wiewiorowski (@W_Wiewiorowski) March 27, 2020

A spokesman for the EDPS told us it’s in contact with data protection agencies of the Member States involved in the PEPP-PT project to collect “relevant information”.

“The general principles presented by EDPB on 20 March, and by EDPS on 24 March are still relevant in that context,” the spokesman added — referring to guidance issued by the privacy regulators last month in which they encouraged anonymization and aggregation should Member States want to use mobile location data for monitoring, containing or mitigating the spread of COVID-19. At least in the first instance.

“When it is not possible to only process anonymous data, the ePrivacy Directive enables Member States to introduce legislative measures to safeguard public security (Art. 15),” the EDPB further noted.

“If measures allowing for the processing of non-anonymised location data are introduced, a Member State is obliged to put in place adequate safeguards, such as providing individuals of electronic communication services the right to a judicial remedy.”

We reached out to the HHI with questions about the PEPP-PT project and were referred to Boos — but at the time of writing had been unable to speak to him.

“The PEPP-PT system is being created by a multi-national European team,” the HHI writes in a press release about the effort. “It is an anonymous and privacy-preserving digital contact tracing approach, which is in full compliance with GDPR and can also be used when traveling between countries through an anonymous multi-country exchange mechanism. No personal data, no location, no Mac-Id of any user is stored or transmitted. PEPP-PT is designed to be incorporated in national corona mobile phone apps as a contact tracing functionality and allows for the integration into the processes of national health services. The solution is offered to be shared openly with any country, given the commitment to achieve interoperability so that the anonymous multi-country exchange mechanism remains functional.”

“PEPP-PT’s international team consists of more than 130 members working across more than seven European countries and includes scientists, technologists, and experts from well-known research institutions and companies,” it adds.

“The result of the team’s work will be owned by a non-profit organization so that the technology and standards are available to all. Our priorities are the well being of world citizens today and the development of tools to limit the impact of future pandemics — all while conforming to European norms and standards.”

The PEPP-PT says its technology-focused efforts are being financed through donations. Per its website, it says it’s adopted the WHO standards for such financing — to “avoid any external influence”.

Of course for the effort to be useful it relies on EU citizens voluntarily downloading one of the aligned contacts tracing apps — and carrying their smartphone everywhere they go, with Bluetooth enabled.

Without substantial penetration of regional smartphones it’s questionable how much of an impact this initiative, or any contacts tracing technology, could have. Although if such tech were able to break even some infection chains people might argue it’s not wasted effort.

Notably, there are signs Europeans are willing to contribute to a public healthcare cause by doing their bit digitally — such as a self-reporting COVID-19 tracking app which last week racked up 750,000 downloads in the UK in 24 hours.

But, at the same time, contacts tracing apps are facing scepticism over their ability to contribute to the fight against COVID-19. Not everyone carries a smartphone, nor knows how to download an app, for instance. There’s plenty of people who would fall outside such a digital net.

Meanwhile, while there’s clearly been a big scramble across the region, at both government and grassroots level, to mobilize digital technology for a public health emergency cause there’s arguably greater imperative to direct effort and resources at scaling up coronavirus testing programs — an area where most European countries continue to lag.

Germany — where some of the key backers of the PEPP-PT are from — being the most notable exception.

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Telco metadata grab is for modelling COVID-19 spread, not tracking citizens, says EC

As part of its response to the public health emergency triggered by the COVID-19 pandemic, the European Commission has been leaning on Europe’s telcos to share aggregate location data on their users.

The Commission kick-started a discussion with mobile phone operators about the provision of aggregated and anonymised mobile phone location data,” it said today.

“The idea is to analyse mobility patterns including the impact of confinement measures on the intensity of contacts, and hence the risks of contamination. This would be an important — and proportionate — input for tools that are modelling the spread of the virus, and would also allow to assess the current measures adopted to contain the pandemic.”

“We want to work with one operator per Member State to have a representative sample,” it added. “Having one operator per Member State also means the aggregated and anonymised data could not be used to track individual citizens, that is also not at all the intention. Simply because not all have the same operator.

“The data will only be kept as long as the crisis is ongoing. We will of course ensure the respect of the ePrivacy Directive and the GDPR.”

Earlier this week Politico reported that commissioner Thierry Breton held a conference with carriers, including Deutsche Telekom and Orange, asking for them to share data to help predict the spread of the novel coronavirus.

Europe has become a secondary hub for the disease, with high rates of infection in countries including Italy and Spain — where there have been thousands of deaths apiece.

The European Union’s executive is understandably keen to bolster national efforts to combat the virus. Although, it’s less clear exactly how aggregated mobile location data can help — especially as more EU citizens are confined to their homes under national quarantine orders. (While police patrols and CCTV offer an existing means of confirming whether or not people are generally moving around.)

Nonetheless, EU telcos have already been sharing aggregate data with national governments.

Orange in France is sharing “aggregated and anonymized” mobile phone geolocation data with Inserm, a local health-focused research institute — to enable them to “better anticipate and better manage the spread of the epidemic,” as a spokeswoman put it.

“The idea is simply to identify where the populations are concentrated and how they move before and after the confinement in order to be able to verify that the emergency services and the health system are as well armed as possible, where necessary,” she added. “For instance, at the time of confinement, more than 1 million people left the Paris region and at the same time the population of Ile de Ré increased by 30%.

“Other uses of this data are possible and we are currently in discussions with the State on all of these points. But, it must be clear, we are extremely vigilant with regards to concerns and respect for privacy. Moreover, we are in contact with the CNIL [France’s data protection watchdog]… to verify that all of these points are addressed.”

Germany’s Deutsche Telekom is also providing to national health authorities what a spokesperson dubbed “anonymized swarm data” to combat the corona virus.

“European mobile operators are also to make such anonymized mass data available to the EU Commission at its request,” the spokesperson told us. “In fact, we will first provide the EU Commission with a description of data we have sent to German health authorities.”

It’s not entirely clear whether the Commission’s intention is to pool data from such existing local efforts — or whether it’s asking EU carriers for a different, universal data-set to be shared with it during the COVID-19 emergency.

When we asked about this it did not provide an answer. Although we understand discussions are ongoing with operators — and that it’s the Commission’s aim to work with one operator per Member State.

The Commission has said the metadata will be used for modelling the spread of the virus and for looking at mobility patterns to analyze and assess the impact of quarantine measures.

A spokesman emphasized that individual-level tracking of EU citizens is not on the cards.

“The Commission is in discussions with mobile operators’ associations about the provision of aggregated and anonymised mobile phone location data,” the spokesman for Breton told us.

“These data permit to analyse mobility patterns including the impact of confinement measures on the intensity of contacts and hence the risks of contamination. They are therefore an important and proportionate tool to feed modelling tools for the spread of the virus and also assess the current measures adopted to contain the Coronavrius pandemic are effective.”

“These data do not enable tracking of individual users,” he added. “The Commission is in close contact with the European Data Protection Supervisor (EDPS) to ensure the respect of the ePrivacy Directive and the GDPR.”

At this point there’s no set date for the system to be up and running — although we understand the aim is to get data flowing asap. The intention is also to use data sets that go back to the start of the epidemic, with data-sharing ongoing until the pandemic is over — at which point we’re told the data will be deleted.

Breton hasn’t had to lean very hard on EU telcos to share data for a crisis cause.

Earlier this week Mats Granryd, director general of operator association the GSMA, tweeted that its members are “committed to working with the European Commission, national authorities and international groups to use data in the fight against COVID-19 crisis.”

Although, he added an important qualifier: “while complying with European privacy standards.”

The @GSMA and our members are committed to working with the @EU_Commission, national authorities and international groups to use data in the fight against COVID-19 crisis, while complying with European privacy standards. https://t.co/f1hBYT5Lqx

— Mats Granryd (@MatsGranryd) March 24, 2020

Europe’s data protection framework means there are limits on how people’s personal data can be used — even during a public health emergency. And while the legal frameworks do quite rightly bake in flexibility for a pressing public purpose, like the COVID-19 pandemic, it does not mean individuals’ privacy rights automatically go out the window.

Individual tracking of mobile users for contact tracing — such as Israel’s government is doing — is unimaginable at the pan-EU level. Certainly unless the regional situation deteriorates drastically.

One privacy lawyer we spoke to last week suggested such a level of tracking and monitoring across Europe would be akin to a “last resort.” Though individual EU countries are choosing to respond differently to the crisis — such as, for example, Poland giving quarantined people a choice between regular police check ups or uploading geotagged selfies to prove they’re not breaking lockdown.

While former EU Member the U.K. has reportedly chosen to invite in the controversial U.S. surveillance-as-a-service tech firm Palantir to carry out resource tracking for its National Health Service during the coronavirus crisis.

Under pan-EU law (which the U.K. remains subject to, until the end of the Brexit transition period), the rule of thumb is that extraordinary data-sharing — such as the Commission asking telcos to share user location data during a pandemic — must be “temporary, necessary and proportionate,” as digital rights group Privacy International recently noted.

This explains why Breton’s request is for “anonymous and aggregated” location data. And why, in background comments to reporters, the claim is that any shared data sets will be deleted at the end of the pandemic.

Not every EU lawmaker appears entirely aware of all the legal limits, however.

Today the bloc’s lead privacy regulator, data protection supervisor (EDPS) Wojciech Wiewiórowski, could be seen tweeting cautionary advice at one former commissioner, Andrus Ansip (now an MEP) — after the latter publicly eyed up a Bluetooth-powered contacts tracing app deployed in Singapore.

“Please be cautious comparing Singapore examples with European situation. Remember Singapore has a very specific legal regime on identification of device holder,” wrote Wiewiórowski.

So it remains to be seen whether pressure will mount for more privacy-intrusive surveillance of EU citizens if regional rates of infection continue to grow.

Dear Mr. Commissioner, please be cautious comparing Singapoore examples with European situation. Remember Singapore has a very specific legal regime on identification of device holder.

— Wojtek Wiewiorowski (@W_Wiewiorowski) March 27, 2020

As we reported earlier this week, governments or EU institutions seeking to make use of mobile phone data to help with the response to the coronavirus must comply with the EU’s ePrivacy Directive — which covers the processing of mobile location data.

The ePrivacy Directive allows for Member States to restrict the scope of the rights and obligations related to location metadata privacy, and retain such data for a limited time — when such restriction constitutes “a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system” — and a pandemic seems a clear example of a public security issue.

Thing is, the ePrivacy Directive is an old framework. The previous college of commissioners had intended to replace it alongside an update to the EU’s broader personal data protection framework — the General Data Protection Regulation (GDPR) — but failed to reach agreement.

This means there’s some potential mismatch. For example the ePrivacy Directive does not include the same level of transparency requirements as the GDPR.

Perhaps understandably, then, since news of the Commission’s call for carrier metadata emerged concerns have been raised about the scope and limits of the data sharing. Earlier this week, for example, MEP Sophie in’t Veld wrote to Breton asking for more information on the data grab — including querying exactly how the data will be anonymized.

Fighting the #coronavirus with technology: sure! But always with protection of our privacy. Read my letter to @ThierryBreton 👇 about @EU_Commission’s plans to call on telecoms to hand over data from people’s mobile phones in order to track&trace how the virus is spreading. pic.twitter.com/55kZo9bMhN

— Sophie in ‘t Veld (@SophieintVeld) March 25, 2020

The EDPS confirmed to us that the Commission consulted it on the proposed use of telco metadata.

A spokesman for the regulator pointed to a letter sent by Wiewiórowski to the Commission, following the latter’s request for guidance on monitoring the “spread” of COVID-19.

In the letter the EDPS impresses on the Commission the importance of “effective” data anonymization — which means it’s in effect saying a technique that does genuinely block re-identification of the data must be used. (There are plenty of examples of “anonymized” data being shown by researchers to be trivially easy to reidentify; while location data typically includes many easily identified individual tells, such as a home address and workplace address.)

“Effective anonymisation requires more than simply removing obvious identifiers such as phone numbers and IMEI numbers,” warns the EDPS, adding too that aggregated data “can provide an additional safeguard.”

We also asked the Commission for more details on how the data will be anonymized and the level of aggregation that would be used — but it told us it could not provide further information at this stage. 

So far we understand that the anonymization and aggregation process will be undertaken before data is transferred by operators to a Commission science and research advisory body, called the Joint Research Centre (JRC) — which will perform the data analytics and modelling.

The results — in the form of predictions of propagation and so on — will then be shared by the Commission with EU Member States authorities. The datasets feeding the models will be stored on secure JRC servers.

The EDPS is equally clear on the Commission’s commitments vis-a-vis securing the data.

“Information security obligations under Commission Decision 2017/464 still apply [to anonymized data], as do confidentiality obligations under the Staff Regulations for any Commission staff processing the information. Should the Commission rely on third parties to process the information, these third parties have to apply equivalent security measures and be bound by strict confidentiality obligations and prohibitions on further use as well,” writes Wiewiórowski.

“I would also like to stress the importance of applying adequate measures to ensure the secure transmission of data from the telecom providers. It would also be preferable to limit access to the data to authorised experts in spatial epidemiology, data protection and data science.”

Data retention — or rather the need for prompt destruction of data sets after the emergency is over — is another key piece of the guidance.

“I also welcome that the data obtained from mobile operators would be deleted as soon as the current emergency comes to an end,” writes Wiewiórowski. “It should be also clear that these special services are deployed because of this specific crisis and are of temporary character. The EDPS often stresses that such developments usually do not contain the possibility to step back when the emergency is gone. I would like to stress that such solution should be still recognised as extraordinary.”

teresting to note the EDPS is very clear on “full transparency” also being a requirement, both of purpose and “procedure.” So we should expect more details to be released about how the data is being effectively rendered unidentifiable.

“Allow me to recall the importance of full transparency to the public on the purpose and procedure of the measures to be enacted,” writes Wiewiórowski. “I would also encourage you to keep your Data Protection Officer involved throughout the entire process to provide assurance that the data processed had indeed been effectively anonymised.”

The EDPS has also requested to see a copy of the data model. At the time of writing the spokesman told us it’s still waiting to receive that.

“The Commission should clearly define the dataset it wants to obtain and ensure transparency towards the public, to avoid any possible misunderstandings,” Wiewiórowski added in the letter.

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European lawmakers propose a ‘right to repair’ for mobiles and laptops

The European Commission has set out a plan to move towards a ‘right to repair’ for electronics devices, such as mobile phones, tablets and laptops.

More generally it wants to restrict single-use products, tackle “premature obsolescence” and ban the destruction of unsold durable goods — in order to make sustainable products the norm.

The proposals are part of a circular economy action plan that’s intended to deliver on a Commission pledge to transition the bloc to carbon neutrality by 2050.

By extending the lifespan of products, via measures which target design and production to encourage repair, reuse and recycling, the policy push aims to reduce resource use and shrink the environmental impact of buying and selling stuff.

The Commission also wants to arm EU consumers with reliable information about reparability and durability — to empower them to make greener product choices.

“Today, our economy is still mostly linear, with only 12% of secondary materials and resources being brought back into the economy,” said EVP Frans Timmermans in a statement. “Many products break down too easily, cannot be reused, repaired or recycled, or are made for single use only. There is a huge potential to be exploited both for businesses and consumers. With today’s plan we launch action to transform the way products are made and empower consumers to make sustainable choices for their own benefit and that of the environment.”

The Commission said electronics and ICT will be a priority area for implementing a right to repair, via planned expansion of the Ecodesign Directive — which currently sets energy efficiency standards for devices such as washing machines.

Its action plan proposes setting up a ‘Circular Electronics Initiative’ to promote longer product lifetimes through reusability and reparability as well as “upgradeability” of components and software to avoid premature obsolescence.

The Commission is also planning new regulatory measures on chargers for mobile phones and similar devices. While an EU-wide take back scheme to return or sell back old mobile phones, tablets and chargers is being considered.

Back in January the EU Parliament voted overwhelmingly for tougher action to reduce e-waste, calling for the Commission to come up with beefed up rules by this summer.

In recent years MEPs have also pushed for the Ecodesign Direction to be expanded to include repairability.

The Commission proposals also include a new regulatory framework for batteries and vehicles — including measures to improve the collection and recycling rates of batteries and ensure the recovery of valuable materials. Plus there’s a proposal to revise the rules on end-of-life vehicles to improve recycling efficiency and waste oil treatment. 

It’s also planning measures to set targets to shrink the amount of packaging being produced, with the aim of making all packaging reusable or recyclable in an economically viable way by 2030.

Mandatory requirements on recycled content for plastics used in areas such as packaging, construction materials and vehicles is another proposal.

Other priority areas for promoting circularity and reducing high consumption rates include construction, textiles and food.

The Commission expects the circular economy to have net positive benefits in terms of GDP growth and jobs’ creation across the bloc — suggesting measures to boost sustainability will increase the EU’s GDP by an additional 0.5% by 2030 and create around 700,000 new jobs.

The backing of MEPs in the European Parliament and EU Member States will be necessary if the Commission proposals are to make it into pan-EU law.

Should they do so, Dutch social enterprise Fairphone shows a glimpse of what’s coming down the repairable pipe in future…

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What to expect when pitching European VCs

Russ Heddleston
Contributor

Russ is the cofounder and CEO of DocSend. He was previously a product manager at Facebook, where he arrived via the acquisition of his startup Pursuit.com, and has held roles at Dropbox, Greystripe, and Trulia. Follow him here: @rheddleston and @docsend

Fundraising is the single most important thing you can do for your business, but I know very few founders who enjoy the process.

It’s inherently stressful: you’re running out of capital, which is why you’re trying to get more of it. There’s also no clear roadmap to getting funding and almost every company goes through the process differently. I’ve talked a lot about what makes a successful early-stage pitch deck and what you can expect when you’re trying to close a funding round. But do those same best practices still apply when you’re fundraising outside of the United States?

Before we continue, the research project that we’ve completed is opt-in, and we don’t look at anyone’s data without their express permission. We take privacy very seriously, but we also work with an amazing group of founders who are willing to pass on what they’ve learned to the next generation of founders going through the process. If you want to be included in our next round of research, you can find the survey links at the bottom of this blog post.

So what can you expect while sending your pitch deck out to European VCs?

Have a 9-12 month runway

When DocSend conducted this study previously, we found that the average length of a Series seed or pre-seed was about 11-15 weeks. In fact, according to our research, if you’re in the United States and you’re sending your pitch deck to investors, you can expect about 50 percent of your views to come in just the first nine days. You’ll also hit 75 percent of your visits in just over a month, which is very much in line with the 11-15 week average window.

However, when we look outside of the U.S., the numbers change dramatically.

Sending out your pitch deck in Europe, you can expect to wait over two weeks (15 days) for the first 50 percent of your visits. And you’ll likely wait nearly two months (53 days) for 75 percent of your visits. There are a lot of reasons for the discrepancies. It could be that your potential investors are more spread out. We also don’t see the same level of urgency in EU funding rounds as we often see in the U.S. No matter the reason, you’re going to want to have enough runway to survive the fundraising gauntlet in your region. While I usually recommend having at least six months in the bank, you may want to look at having 9-12 months of runway so you’re not desperate by the end of your fundraising round.

However, your round speed will most likely vary depending on the type of company you are. There has been a trend in recent years of U.S. investors looking to make deals with European startups. We also know American investors are looking for 100x companies to make solid returns for their funds. There are only so many 100x-type companies in the U.S you can invest in, but Europe is an emerging market. But American VCs have a different pace and rounds for hot startups can last weeks, not months. So if you think you have a unicorn in the making (and are comfortable with a more aggressive growth plan and the burn rate that goes with it), you can use U.S. investors to help create a sense of urgency. But even if that’s your plan, I would still recommend having a healthy runway to get you through in case the round doesn’t go as you expect.

VCs are likely to spend more time on your deck — you should too

A clear indicator of VC interest is the amount of time they spend reading your deck before they request a meeting. Knowing how long they spend reading your deck and what pages they stop on (which isn’t necessarily a good thing) can help you gauge VC interest.

We’ve seen an interesting trend in Europe over the last few years. The average amount of time VCs are spending reading a deck has increased and not by a small amount. We’ve seen an increase of more than 20 seconds between 2018 and now, even while the length of the standard fundraising deck has stayed stable. It’s still within the industry average (both in and outside of the U.S.) of 19-20 pages. With page length staying stable, that extra time on a deck means VCs are willing to spend more time assessing an investment.

If you know your slides will be scrutinized, make sure you have content in each of the key sections VCs expect to see in your deck. Be very clear with the goal for each page and don’t include too much information. If your page is describing the problem your company is solving, you don’t need to add in your market size and the traction you’ve already gotten. Remember, the pitch deck is just there to get you the meeting; you don’t need to include every detail about your business. Your goal is to build an understandable narrative that will make a VC want to know more.

You could face more competition for European VCs’ attention

Investments are heating up outside of the U.S.

With fund sizes increasing, especially in the earlier rounds, there’s more money being invested. But with the continual focus on unicorns, that money is being concentrated in fewer companies. In fact, in the U.S., we’ve seen the number of decks with six or more views drop by nearly a full percentage point from 2018 to 2019. But the trend is the opposite in Europe. The number of pitch decks that are being viewed six or more times is actually on the rise.

We’ve also seen the number of pitch decks being viewed only once drop outside of the U.S. by 1.2 percent. This could be due to several factors. The number of VC firms in Europe viewing decks has grown by 56 percent on our platform in the last year. In the U.S., it’s only grown by 35 percent since 2018. Having more active VCs means there are more opportunities to pitch your company. But with a decrease in pitch decks that aren’t getting any action, it could be that the quality of startups is increasing, so VCs are saturated with opportunities. With well over 250 accelerators in Europe, it isn’t hard to imagine that with more and more resources available, startups are further along when looking for that initial investment than they were just a few years ago.

Takeaways

Raising a funding round is completely different in Europe than it is in the U.S.

Investors in Europe aren’t in a rush to view your deck, but when they do, they will likely spend more time reading it through and considering it. Combine that with the fact that the number of highly-viewed decks is increasing, and you have the makings for a long and potentially arduous round pitching to VCs who have multiple good investments on offer.

If your business will support a more aggressive growth plan and investment, it may be worth it to court outside investment. But if you’d like to play it safe, aiming for a U.S. VC may be a waste of time.

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Qualcomm faces fresh competition scrutiny in Europe over RFFE chips for 5G

Qualcomm is facing fresh antitrust scrutiny from the European Commission, with the regulator raising questions about radio frequency front-end (RFFE) chips which can be used in 5G devices.

The chipmaker has been expanding into selling RFFE chips for 5G devices, per Reuters, It is encouraging buyers of its 5G modems to also buy its radio frequency front-end chips rather than buying from other vendors and integrating their hardware with its 5G modem chips.

A European Commission spokeswomen confirmed the action, telling us: “We can confirm that the Commission has sent out questionnaires, as part of a preliminary investigation into the market for radio frequency front end.”

We’ve reached out to Qualcomm for comment.

The chipmaker disclosed the activity in its 10Q investor filing. Qualcomm wrote that the regulator requested information in early December, “notifying us that it is investigating whether we engaged in anti-competitive behavior in the European Union (EU)/European Economic Area (EEA) by leveraging our market position in 5G baseband processors in the RFFE space.”

Qualcomm says it’s in the process of responding to the request for information.

It’s not yet clear whether the investigation will move to a formal footing in future. “Our preliminary investigation is ongoing. We cannot comment on or predict its timing or outcome,” the EC spokeswoman told us.

“It is difficult to predict the outcome of this matter or what remedies, if any, may be imposed by the EC,” Qualcomm also wrote in the investor filing, adding: “We believe that our business practices do not violate the EU competition rules.”

If a violation is found it also warns investors that the EC has the power to impose a fine of up to 10 percent of its annual revenues, and it could also issue injunctive relief that prohibits or restricts certain business practices.

The preliminary probe of Qualcomm’s 5G modem business is by no means the first antitrust action the chip giant has faced in Europe.

Last summer, Europe’s competition commission fined Qualcomm close to $270M following a long-running antitrust investigation into whether it used predatory pricing when selling UMTS baseband chips, with the regulator concluding Qualcomm had used predatory pricing to force a competitor out of the market.

Two years ago the Commission also fined the chipmaker a full $1.23 billion in another antitrust case related to its dominance in LTE chipsets for smartphones, specifically related to its relationship with Apple and its iPhone.

In both cases Qualcomm is appealing the decisions.

It is also battling a major competition case on its home turf. In 2017, the U.S. Federal Trade Commission (FTC) filed charges against Qualcomm, accusing it of using anticompetitive tactics in an attempt to maintain a monopoly in its chip business.

Last year, a U.S. court sided with the FTC, agreeing the chip giant had violated antitrust law and it warned that such behavior would likely continue given Qualcomm’s key role in making modems for next-gen 5G cellular tech. But, again, Qualcomm has appealed, with a decision on the appeal possible this year.

In August, the chipmaker won a partial stay against an earlier court decision that had required it to grant patent licenses to rivals and end its practice of requiring its chip customers sign a patent license before purchasing chips.

“We will continue to vigorously defend ourself in the foregoing matters. However, litigation and investigations are inherently uncertain, and we face difficulties in evaluating or estimating likely outcomes or ranges of possible loss in antitrust and trade regulation investigations in particular,” Qualcomm adds.

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EU lawmakers take fresh aim at Apple’s Lightning connector with latest e-waste push

The European parliament has voted overwhelmingly for tougher action to reduce e-waste, calling for the Commission to come up with beefed up rules by July 2020.

Specifically, the parliament wants the Commission to adopt the delegated act foreseen in the 2014 Radio Equipment Directive by that deadline — or else table a legislative measure by the same date, at the latest.

The resolution, which was approved by 582 votes to 40, points out that MEPs have been calling for a single charger for mobile devices for more than a decade now. But the Commission has repeatedly postponed taking steps to force an industry-wide shift. Subtext: We’re tired of the ongoing charging cable nightmare.

The parliament says there is now “an urgent need” for EU regulatory action on the issue — to shrink e-waste, empower consumers to make sustainable choices, and allow EU citizens to “fully participate in an efficient and well-functioning internal market”.

The resolution notes that around 50 million metric tons of e-waste is generated globally per year, with an average of more than 6 kg per person.

While, in Europe in 2016, the figure for total e-waste generated was 12.3 million metric tonnes, equivalent to 16.6 kg on average per inhabitant — with the parliament asserting this represents “an unnecessary environmental footprint that can be reduced”.

To date, the Commission’s approach to the charger e-waste issue has been to lean on industry to take voluntary steps to reduce unnecessary variety. Which has resulted in a reduction of the number of charger types on the market — down from 30+ in 2009 to just three today — but still no universal charger which works across brands and device types (phones, tablets, e-readers etc).

Most notably, Apple continues to use its own Lightning port charger standard — while other device makers have switched to USB-based charging (such as the newest, USB-C standard).

When news emerged earlier this month of the parliament’s intention to vote on tougher measures to standardize mobile chargers Apple attacked the plan — arguing that regulation would ‘stifle innovation’.

But the tech giant has had plenty of years to chew over clever ways to switch from the proprietary charging port only it uses to one of two USB standards used by everyone else. So the ‘innovation’ argument seems a pretty stale one.

Meanwhile Apple has worked around previous EU attempts to push device makers to standardize charging on Micro USB by expanding its revenue-generating dongle collection — and selling Europeans a Lighting to Micro USB adaptor. Thereby necessitating even more e-waste.

Perhaps picking up on Apple’s ‘innovation’ framing sidestep, i.e. to try to duck the e-waste issue, the parliament also writes:

… that the Commission, without hampering innovation, should ensure that the legislative framework for a common charger will be scrutinised regularly in order to take into account technical progress; reiterates the importance of research and innovation in this domain to improve existing technologies and come up with new ones;

It also wants the Commission to grapple with the issue of wireless chargers — and take steps to ensure interoperability there too, so that wireless chargers aren’t locked to only one brand or device type.

Consumers should not be obliged to buy new chargers with each new device, per the resolution, with the parliament calling on the Commission to introduce strategies to decouple the purchase of chargers from a new device alongside a common charger solution — while making sure any decoupling measures do not result in higher prices for consumers.

It also wants the Commission to look at legislative options for increasing the volume of cables and chargers that are collected and recycled in EU member states.

We’ve reached out to the Commission for comment.

Per Reuters, officials in the executive are in agreement that the voluntary approach is not working and have said they plan to introduce legislation for a common charger this year.

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No pan-EU Huawei ban as Commission endorses 5G risk mitigation plan

The European Commission has endorsed a risk mitigation approach to managing 5G rollouts across the bloc — meaning there will be no pan-EU ban on Huawei. Rather it’s calling for Member States to coordinate and implement a package of “mitigating measures” in a 5G toolbox it announced last October and has endorsed today.

“Through the toolbox, the Member States are committing to move forward in a joint manner based on an objective assessment of identified risks and proportionate mitigating measures,” it writes in a press release.

It adds that Member States have agreed to “strengthen security requirements, to assess the risk profiles of suppliers, to apply relevant restrictions for suppliers considered to be high risk including necessary exclusions for key assets considered as critical and sensitive (such as the core network functions), and to have strategies in place to ensure the diversification of vendors”.

The move is another blow for the Trump administration — after the UK government announced yesterday that it would not be banning so-called “high risk” providers from supplying 5G networks.

Instead the UK said it will place restrictions on such suppliers — barring their kit from the “sensitive” ‘core’ of 5G networks, as well as from certain strategic sites (such as military locations), and placing a 35% cap on such kit supplying the access network.

However the US has been amping up pressure on the international community to shut the door entirely on the Chinese tech giant, claiming there’s inherent strategic risk in allowing Huawei to be involved in supplying such critical infrastructure — with the Trump administration seeking to demolish trust in Chinese-made technology.

Next-gen 5G is expected to support a new breed of responsive applications — such as self-driving cars and personalized telemedicine — where risks, should there be any network failure, are likely to scale too.

But the Commission take the view that such risks can be collectively managed.

The approach to 5G security continues to leave decisions on “specific security” measures as the responsibility of Member States. So there’s a possibility of individual countries making their own decisions to shut out Huawei. But in Europe the momentum appears to be against such moves.

“The collective work on the toolbox demonstrates a strong determination to jointly respond to the security challenges of 5G networks,” the EU writes. “This is essential for a successful and credible EU approach to 5G security and to ensure the continued openness of the internal market provided risk-based EU security requirements are respected.”

The next deadline for the 5G toolbox is April 2020, when the Commission expects Member States to have implemented the recommended measures. A joint report on their implementation will follow later this year.

Key actions being endorsed in the toolbox include:

  •     Strengthen security requirements for mobile network operators (e.g. strict access controls, rules on secure operation and monitoring, limitations on outsourcing of specific functions, etc.);
  •     Assess the risk profile of suppliers; as a consequence,  apply relevant restrictions for suppliers considered to be high risk – including necessary exclusions to effectively mitigate risks – for key assets defined as critical and sensitive in the EU-wide coordinated risk assessment (e.g. core network functions, network management and orchestration functions, and access network functions);
  •     Ensure that each operator has an appropriate multi-vendor strategy to avoid or limit any major dependency on a single supplier (or suppliers with a similar risk profile), ensure an adequate balance of suppliers at national level and avoid dependency on suppliers considered to be high risk; this also requires avoiding any situations of lock-in with a single supplier, including by promoting greater interoperability of equipment;

The Commission also recommends that Member States should contribute towards increasing diversification and sustainability in the 5G supply chain and co-ordinate on standardization around security objectives and on developing EU-wide certification schemes.

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