Tech Super Tuesday: Questions for the Commission’s Executive Vice-Presidents – 12 November Hearings

After the first round of hearings for the 2024-2029 European Commission by Members of the European Parliament (MEPs) during the week of 4-7 November – covering tech-related topics ranging from privacy and consumer protection to open finance and DSA implementation – focus will shift to ‘Tech Super Tuesday’ on 12 November. 

On this pivotal day, no less than three designated Executive Vice-Presidents (EVPs), who will play a crucial role in shaping the EU’s digital future, will face tough questioning by MEPs: Henna Virkkunen, Teresa Ribera Rodríguez, and Stéphane Séjourné.

This article serves as a primer for Tech Super Tuesday, offering insights into the crucial digital issues that each of the three candidates should demonstrate a strong understanding of. Questions for Virkkunen, who is expected to oversee all tech-related files, come at the very end of this article – just like her hearing on the twelfth. 

Stéphane Séjourné: Prosperity and Industrial Strategy

Artificial intelligence (AI)

Multiple candidates are likely to face questions about Europe’s AI ambitions, including Ekaterina Zaharieva (Commissioner-designate for Startups, Research and Innovation), as well as Tech Sovereignty EVP Virkkunen. But when it comes to making sure that AI delivers for European consumers and businesses, Stéphane Séjourné should be best positioned to answer AI-related questions, as he will be in charge of Europe’s industrial strategy. 

Indeed, the success of Europe’s AI ecosystem will hinge on how the AI Act is going to be put into practice. How does Séjourné plan to ensure that the Act’s implementation fosters AI uptake across Europe, without placing an undue burden on AI developers and deployers? Additionally, insiders will be keen to hear how the French EVP intends to promote innovation and enhance competitiveness in the rapidly evolving AI market.

Public procurement

Séjourné will also revise the existing EU directives on public procurement with a view to streamlining rules and ensuring supply security for essential technologies. However, he is also likely to propose protectionist measures that prioritise EU products in ‘strategic’ sectors. 

How will Séjourné make sure that public administrations continue to have the freedom to choose the best technology that meets their needs? And how does he plan to align any such changes with the EU’s trade commitments, including under WTO agreements?

Teresa Ribera Rodríguez: Clean, Just and Competitive Transition

Digital Markets Act

Set to become the Commission’s EVP in charge of competition, the implementation of the Digital Markets Act (DMA) will be a critical topic of discussion during Ribera Rodríguez’s hearing. One of the primary concerns will be how Ribera plans to ensure that this heavy regulatory burden does not stifle innovation, investment, or consumer choice in the EU. 

The role of the Commission as the DMA enforcer should also be addressed. How will the EVP ensure legal certainty for digital market players, particularly given the involvement of authorities from 27 EU Member States and a surge in parallel cases initiated by national competition authorities? Recent ‘gatekeeper’ investigations by the Italian and Spanish authorities, for example, have raised serious questions about enforcement clarity.

The intersection of AI and competition law might be another area of focus for Ribera. How does she plan to encourage European AI pioneers to grow and scale up? That is, without the fear of being designated gatekeepers under the DMA, which burdens firms with numerous extra prohibitions and obligations when they become ‘too’ successful.

Cloud competition

When it comes to Europe’s long-standing goal to promote the uptake of cloud computing, there’s another key question for Ribera: How can Europe cultivate a more competitive cloud market that benefits all businesses and consumers? And what will the next Commission do to minimise the negative impact of restrictive software licensing that prevent users from switching cloud providers? Competition authorities across Europe are currently investigating lock-in dynamics, where restrictive licensing poses a significant barrier to innovation.

Henna Virkkunen: Tech Sovereignty, Security and Democracy

Last but not least, Henna Virkkunen will wrap up Tech Super Tuesday. As the Commission’s Executive Vice-President for Tech Sovereignty, she will have a final say on many digital files.

Cloud cybersecurity

Cloud computing should also be a priority on Virkkunen’s agenda, and the European Cybersecurity Certification Scheme for Cloud Services (EUCS) in particular – a file in which her predecessor played a significant role. After four years of discussions, the EU Agency for Cybersecurity (ENISA) finally decided to remove discriminatory criteria, which would favour certain French vendors, from the latest EUCS draft. Despite consensus among Member States, adoption has remained in a deadlock since March. Will Virkkunen deliver an EUCS with robust security controls, while ensuring fair market access for non-EU cloud providers?

Open internet

On a similar (protectionist) note, for more than two years now incumbent telecom operators have been demanding measures that would mandate tech firms to pay for telecom infrastructure. Two consecutive public consultations by the Commission, however, revealed widespread opposition and concerns about the negative impact on net neutrality and Europe’s open internet. 

How does Virkkunen plan to guarantee that the outcomes of these consultations will be respected? Additionally, can the EVP confirm that she will make sure that ‘her’ services at DG CNECT will follow the technical opinions of the Body of European Telecommunications Regulators (BEREC), instead of wishful thinking?

Minor protection

Several EU initiatives are looking into a unified approach to age-appropriate design of online platforms. How will Virkkunen ensure that regulation on the online protection of minors remains consistent across the EU? In other words, will she push back efforts by individual Member States that try to introduce diverging initiatives related to age verification?

Copyright

The EU already has a comprehensive copyright framework, yet some keep calling for reform. Does Virkkunen believe there are any justifications for re-opening the copyright debate? And how will the Executive Vice-President ensure that the 2019 Copyright Directive’s implementation is not further weakened by diverging approaches among Member States?

Audiovisual

Finally, the Commission is gearing up for an evaluation of the Audiovisual Media Services Directive (AVMSD) by December 2026. Does Virkkunen believe that the existing AVMSD is still fit for purpose? Furthermore, how does she plan to clarify the interaction between the AVMSD and the Digital Services Act (DSA) – particularly regarding the protection of minors and the overlapping rules that apply to video-sharing platforms?