Communications

Communications
European legislators focus on connectivity as a prerequisite for digital inclusion
- The rollout of affordable connectivity, including in rural areas, has been the foundation of regulatory intervention to address digital poverty
- Regulation is starting to address other areas of digital inclusion, including – for example, in Germany – accessibility
- Spain is taking its approach to inclusion a step further through its Digital Rights Charter
As the world digitises, the communications infrastructure that underpins digitalisation has become fundamental to people's and businesses' ability to engage with modern life. Consequently, legislators across the EU are increasingly focused on addressing access to connectivity, including in rural areas, affordable connectivity and digital skills.
Digital poverty
In 2023 the UK government published its UK Wireless Infrastructure Strategy. One of the principal themes of the strategy is the need to ensure good connectivity for everyone both in terms of access and cost. Not surprisingly it focuses on the need to roll out new infrastructure to extend gigabit-capable broadband to some of the hardest to reach parts of the UK. In this respect it published a 10 point plan building on its existing funding schemes such as Project Gigabit and on the work being undertaken in relation to the Shared Rural Network.
The German Parity Welfare Association (Paritätische Wohlfahrtsverband), an association of independent organisations, institutions and groups that perform social work, published its report on poverty and digital inclusion in April 2023. The report found that digital inclusion is now a prerequisite for comprehensive social, cultural and political participation. Those who are excluded from digital participation and have no access to digital space and digital communication – whether due to a lack of technical equipment or because they lack the necessary skills – are at risk of a new form of social exclusion.
There are three fundamental aspects to digital inclusion: access, empowerment and participation. In order to find one's way in the digital world and to act independently and confidently, the right knowledge and skills are required. Access to the necessary hardware, software and, as a fundamental prerequisite, the internet, is vital.
Germany's 'Gigabit Strategy'
In Germany, regulatory intervention has ensured a rollout of affordable connectivity. A nationwide, high-performance, ecologically sustainable and secure digital infrastructure is essential to achieve this goal. In July 2022, the federal government tackled the issue of the digital transformation of Germany in its "Gigabit Strategy".
The federal government wants to promote participation and equal opportunities in the digital economy. It intends to make the expansion of gigabit networks as simple as possible. To do so it will remove obstacles and close existing connectivity dead spots in the fixed and mobile networks. It will also provide public funding for the expansion of networks, particularly in rural areas, where it is not commercially viable for companies to expand on their own.
The federal government has planned a far-reaching catalogue of measures. These include the simplification of approval procedures for the installation of telecommunications towers and the provision of a standardised digital application portal for each federal state. Alternative installation methods are to be regularised and standardised; for example, rules for trenching or the shared use of above-ground networks.
A central information portal – a gigabit land register – has been established to facilitate the planning of network infrastructure expansion and the monitoring of telecommunications coverage. The federal government is also promoting the commercial rollout of fibre through the reduction of requirements for State aid measures and regulatory provisions to avoid duplication of investment expenses.
Digital Rights Charter
Spain has set a noteworthy precedent in addressing digital poverty through its ambitious Digital Rights Charter, adopted in July 2021. While this charter does not currently have binding legal force, it establishes a comprehensive framework outlining the fundamental rights that should underpin the digital age and serves as a guiding principle for public authorities, businesses and individuals in shaping corporate social responsibility (CSR) in Spain's digital landscape.
In a proactive response to the escalating concerns regarding digital exclusion, the charter incorporates provisions that pave the way for a more inclusive digital society. Notably, it addresses the need for universal, affordable and non-discriminatory internet access for all citizens. Additionally, the charter emphasises the need for public policies aimed at fostering digital inclusion across all demographic groups to mitigate potential discriminatory biases.
While there is regulatory progress driving digital inclusion in some areas, there is still significant scope for businesses to take the lead – whether for commercial reasons, environmental, social and governance commitments or CSR.
For more information, visit our key topics page on how you can embed digital inclusion "by design" in products and services.
Further Osborne Clarke Insights
Authors
Jon Fell Partner, UK jon.fell@osborneclarke.com
Kate Davies Associate Director, UK kate.davies@osborneclarke.com
Dr Sebastian Hack Partner, Germany sebastian.hack@osborneclarke.com
Felix Hänel Senior Associate, Germany felix.hanel@osborneclarke.com
Katherine Kirrage Partner, UK katherine.kirrage@osborneclarke.com
Daniela Latorre Senior Associate, Italy daniela.latorre@osborneclarke.com
Xavier Pican Partner, France xavier.pican@osborneclarke.com
Rafa Garcia del Poyo Partner, Spain rafael.garciadelpoyo@osborneclarke.com
Antonio Racano Senior Lawyer, Italy antonio.racano@osborneclarke.com
Dr Jens Schefzig Partner, Germany jens.schefzig@osborneclarke.com
Eleanor Williams Associate Director, UK eleanor.williams@osborneclarke.com