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 OIP welcomes the Statement of objections issued by the Bundeskartellamt against Google’s preferential treatment of its data processing terms  

OIP welcomes the Statement of objections issued by the Bundeskartellamt against Google’s preferential treatment of its data processing terms

L’OIP se félicite de l’annonce par le Bundeskartellamt, l’autorité de la concurrence allemande, de la mise en œuvre d’une procédure formelle à l’encontre de Google et de sa maison-mère Alphabet.

Agreeing with the analyses of our association and data protection authorities across the European Union, the Bundeskartellamt believes that the American group must change the way it collects and cross-references the personal data of Internet users through its various services, allowing it to gain an unfair competitive advantage over its competitors.

According to the Bundeskartellamt’s analysis, Google currently allows itself to combine data from its various services, for example, for the purpose of very detailed advertising user profiles or to train functions provided by services, including through the Google Play services integrated into many apps for Android devices.

However, the preliminary conclusions of the German competition authority show that Google does not offer European users sufficient choice to make an informed objection to this processing of their data across services. Google is using this consent defect to obtain data that its competitors cannot obtain, and thus ensure that their products are not competitive.

"In Europe, compliance with the protective rules of the GDPR is essential not only for the right to data protection of European citizens, but also to ensure a fair level of competition between all players. Players like Google must be prohibited from coming to Europe without accepting the rules scrupulously respected by European players, and Google must be prevented from benefiting from the continued and repeated violation of European law,"
says Leonidas Kalogeropoulos
Delegate general
The OIP is pleased that the Bundeskartellamt intends to use its enforcement powers under Section 19a of the German Competition Act to prohibit Google from continuing practices that are illegal under German and European law. At the European Union level, the Digital Markets Act (DMA) should also allow the Commission to prohibit such practices as soon as they are detected.
"OIP calls for the DMA to be implemented as quickly and effectively as possible. We must fight to ensure that illegal and abusive practices that impede competition and undermine consumer rights stop as soon as they occur, and this requires both protective measures and uncompromising enforcement of the DMA's dispositions,"
declares Quentin Adam
President

Contacts:

Léonidas Kalogeropoulos, Délégué Général : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Chargée de mission :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Data Act: measures must apply to all cloud offers, without exception

Data Act: measures must apply to all cloud offers, without exception!

The Open Internet Project calls on European co-legislators not to introduce exceptions for cloud services

Data act

As discussions on the Data Act accelerate in the European Parliament, the European association Open Internet Project (OIP) wishes to warn against any measure that would aim to exempt certain categories of cloud offerings from the obligations of the Data Act.

Indeed, some published amendments propose to exempt all trial offers from the prohibitions on barriers to free choice of cloud provider and data reversibility. So, for example, cloud providers could accumulate and store all user data during a free or promotional trial period, but charge for its retrieval upon exit for the only purpose of dissuading users from signing a contract with a competing cloud provider. The OIP points out that the cloud market is unfortunately often characterized by trial offers over several months or even years, or offered credits worth several hundred thousand euros. Such offers accelerate the market capture and are traps to lock users in for the long term.

Indeed, early amendments propose to exempt trial offers from the prohibitions on the free choice of the cloud provider choice and the reversibility of data. Therefore, cloud providers could accumulate and store all user data during a free or promotional trial period, but charge for its retrieval upon exit, for the sole purpose of deterring users from signing a contract with a competing alternative cloud provider. The OIP reminds that the cloud market is unfortunately often characterized by trial offers over several months or even several years, or by offered credits worth several hundred thousand euros. Such offers accelerate the capture of the market and are traps to lock users in.

In this context, OIP recalls that egress fees represent a major obstacle to the emergence of healthy and fair competition and therefore to innovation in a growing market, as well as to the free flow of data in the European internal market. Indeed, it is particularly expensive for a user to switch from one cloud service to another, or to combine cloud services from different providers, due to artificially high exit fees systematically imposed by the market leaders. These excessive costs, without any economic or technical justification, can only be rationally explained in terms of a desire to artificially curb the freedom to choose one’s cloud provider.

« We absolutely do not understand the logic of wanting to exempt from the Data Act - a very important text for the future of our sector - the trial offers from the obligations of a future regulation that is so crucial for the development of a healthy competition on the cloud market. Europeans are excelling in the field of the cloud with the implementation of innovative and efficient services for European users. We cannot weaken a whole sector of excellence by adopting legislation that would favor aggressive and restrictive business practices! »
says Quentin Adam
CEO of Clever Cloud and President of the OIP
«The Open Internet Project is an association committed to the development of healthy and fair competition in the European digital market. We are extremely concerned by certain proposals envisaged in the Data Act, which would encourage an anti-competitive practice that we denounce, even though it is a text that should protect our European champions and not weaken them! We call for the removal of any amendment aiming at creating such exceptions in order to build a legislative framework that respects European values and offers European companies the opportunity to propose alternative and efficient cloud offers! »
says Léonidas Kalogeropoulos
General Delegate of the OIP

Contacts:

Léonidas Kalogeropoulos, Délégué Général : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Chargée de mission :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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The OIP association is very pleased to welcome École Hexagone as a new member!

The OIP is very pleased to welcome Hexagone School as a new member!

The OIP welcomes for the first time a member in the domain of higher education and training!

The Open Internet Project (OIP) association is very pleased to welcome École Hexagone as a new member! This is the first time that a school forming our future engineers, computer scientists and developers joins the OIP, in order to participate actively in the work and actions of the association, aiming to denounce and correct the abuses of dominant position, while extending its prerogatives to the issues related to education.

Indeed, many French schools that train students for digital professions work closely with American tech giants, “locking” their students into American software ecosystems, who later in their professional careers often become natural ambassadors for these solutions in the companies that hire them. At the end of their training, many graduates leave France or the European Union to be hired by the American tech giants, who often offer very high salaries that they compensate by their business practices based on dominant positions, which their French competitors cannot match.

The Hexagone School, Great School of French Digital Sovereignty, created in 2020, currently has two campuses in France, in Clermont-Ferrand and Versailles, and will have nearly 200 students at the beginning of the school year. The academic programs of the 4 tracks; Bachelor’s degree in Computer Science, Master’s degrees in Information Systems Architecture, Artificial Intelligence and Cyberdefense, are built around and with French publishers and manufacturers; Stormshield, 3DS Outscale, Scaleway, HarfangLab, Olvid, etc.

"I am very pleased that OIP is expanding its list of members. Thanks to the Hexagon School's membership, we will be able to highlight all the fundamental issues that arise from the organization of digital education in France, which is often too closely linked to American software and companies. We need to train our future developers in French and European tools, and sensitize them about issues of technological and digital sovereignty. For example, when it comes to cyber-defense and artificial intelligence, it is fundamental to realize that dependence on American companies and their software causes serious problems in many very sensitive areas. I am therefore very happy to attack this new angle, together with our new member!”
says Quentin Adam
CEO of Clever Cloud and President of the OIP
«I am honored by the trust placed in us by the Open Internet Project, which recognizes our vision and our work. We are forming the next technicians and engineers in computer science for French companies and industries. Our role is to educate them on sovereign technologies in order to get out of the straitjacket imposed by the American actors in particular. We are delighted to join the OIP, because we want to work as a team, with the various actors of the digital sovereignty. We believe that it is as a team that we will succeed in leading and winning the various battles »
specifies Sébastien Dhérines
President of the École Hexagone

All the members of the OIP welcome the Hexagon School!

Contacts:

Léonidas Kalogeropoulos, Délégué Général : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Chargée de mission :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Actualités EN

OIP continues to expand: Welcome to Jamespot!

OIP continues to expand: Welcome to Jamespot!

The Open Internet Project (OIP) is pleased to announce the membership of Jamespot ! 

Jamespot is a French startup that develops a complete internal communication and collaboration platform, expanding the list of OIP members that develop and host their digital solutions in Europe.

The European ecosystem of efficient and sovereign digital solutions continues to grow, which is an excellent signal not only for consumers, who benefit of innovative solutions, but also for public authorities, who are increasingly concerned with the issue of digital and technological sovereignty. Like many other OIP members, Jamespot faces a challenging competitive environment with abuse of dominant positions, which the association is committed to fight.

Jamespot is a provider of internal communication and collaboration solutions in the cloud. The Jamespot solution is an intranet, an internal social network or a digital workplace, according to the organizations that deploy it. It answers to all the needs and business challenges of its customers thanks to the modularity of its platform and its app store. In 2021, Jamespot has grouped its applications to compose 4 complete product suites: Open Agora – the internal social network, Fast Intranet – the communication intranet, Diapazone – meeting facilitation and WeDoc – online sovereign office automation. Jamespot supports the daily life of more than 400 organizations and 400,000 users around the world.

"There are more and more of us in the IOP, fighting for a competitive and fair digital environment. This is a key battle, and I am delighted that Jamespot has joined our movement and shares our values and ambitions! It is imperative that we join our forces, in order to raise the voice of the French tech ecosystem! I am amazed by the performance of the solutions developed in France; it is fundamental to promote them in order to become more and more independent from American solutions, developed by tech giants that do not respect our values or our laws!"
underlines Quentin Adam
CEO of Clever Cloud and President of the OIP
"Joining OIP for Jamespot is to consolidate this increasingly connected ecosystem of European solutions that are growing with ambition, in complete independence and with respect for the values that made Europe. The Internet is one of the most beautiful human achievements in the technological field. We must protect the values that make it up, including the values of openness and justice,"
say Alain Garnier,
President of Jamespot

All the members of the OIP welcome Jamespot!

Contacts:

Léonidas Kalogeropoulos, Délégué Général : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Chargée de mission :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Welcome to OVHcloud!

Welcome to OVHcloud!

The European association Open Internet Project (OIP) is very pleased to announce the membership of OVHcloud!

With this new member, OIP looks forward to continue to work on competitive issues related to the cloud marker. Indeed, OVHcloud, Scaleway and Clever Cloud three emblematic and major players of the French cloud, committed to digital sovereignty and respect for market ruleswish to bring their expertise and share their visions of a competitive and fair European cloud market, and thus support the actions of OIP which aim to fight against any abuse of dominant position on tech markets.

OVHcloud is a global player and the European leader in the Cloud, operating more than 400,000 servers in 33 datacenters located on 4 different continents. Based on a unique integrated model, the group manages its entire value chain to deploy a more environmentally friendly cloud. This unique approach allows the company to innovate continuously to independently cover all the uses of its 1.6 million customers around the world. OVHcloudoffers the latest solutions that combine performance, price predictability and complete sovereignty over their data to support their growth in complete freedom.

« I am very pleased that OVHcloud has joined the OIP! We had the objective to expand the OIP in the coming months, and the two recent memberships of Scaleway and OVHcloud are emblematic of our ambitions and objectives: to become an even more powerful association in the service of healthy and fair competition in the European digital market! As CEO of Clever Cloud, it has never seemed so important and crucial to me to combine the strengths of the "fair play" players, in order to truly influence the future decisions that will have to be taken by our Governments in order to favor innovative, competitive European players, always at the service of their customers! »
says Quentin Adam
CEO de Clever Cloud and Président of OIP
« OVHcloud has always placed the collective at the heart of its approach. Thanks to a strong ecosystem of partners, we have the ambition to promote an innovative, sustainable and efficient technology that respects our European values. By joining the Open Internet Project, we are even more committed to promoting and defending in Paris and Brussels the conditions for a dynamic and fair cloud market for all players in our industry and for the benefit of our users' freedom of choice »
adds Michel Paulin
CEO of OVHcloud

All OIP members welcome OVHcloud and look forward to working together to pursue their common goals!

Contacts:

Léonidas Kalogeropoulos, Délégué Général : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Chargée de mission :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Actualités EN

Scaleway joins the Open Internet Project !

Scaleway joins the Open Internet Project

Today, the Open Internet Project is pleased to announce that Scalaway has joined the association! While Clever Cloud has taken over the presidency of the OIP and decided to broaden the battles to the competitive issues of the cloud market 

Today, the Open Internet Project is pleased to announce that Scaleway has joined the association! While Clever Cloud has taken over the presidency of the OIP and decided to broaden the battles to the competitive issues of the cloud market, Scaleway has decided to join the association in order to provide its expertise, particularly on cloud issues, and to support the current and future actions of the OIP.  

Scaleway has been helping developers and enterprises to build, deploy and scale applications on any type of infrastructure since 1999. Located in Paris, Amsterdam and Warsaw, the Scaleway ecosystem is used by more than 25,000 enterprises that choose Scaleway’s multi-AZ and multi-region redundancy, frictionless developer experience, carbon-neutral datacenters and native tools to manage their multi-cloud architectures. With its fully managed offerings for serverless, containerization or bare metal architectures, Scaleway brings choice to the cloud. The company enables enterprises to choose where their customers’ data is stored, the architecture that meets their needs and to evolve responsibly.

"I am very happy and honored that Scaleway has placed its trust in our association, and to be able to lead our battles alongside this emblematic French cloud company! It is one of the major players in this field in France, our analyses of the market - and its dysfunctions - are convergent, we will be able to promote together the importance of a sovereign European cloud industry!"
underlines Quentin Adam
CEO of Clever Cloud and OIP President
"The adoption of cloud technologies, which now underpin the digitization of our economies and societies, will literally explode in Europe by 2030. Because we fight for our customers, developers and IT decision makers in enterprises, for their freedom of choice under sustainable financial conditions, their independence and their tech resilience: we are very happy to join the OIP to promote the existence of a fair, balanced competitive environment. All to allow the European cloud ecosystem to express its competitive potential and technological excellence without fear of abuse of dominant positions or large-scale anti-competitive practices."
Yann Lechelle
CEO of Scaleway

All OIP members welcome Scaleway and look forward to continuing their work together!

Contacts:

Léonidas Kalogeropoulos, General Delegate : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Adviser :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Actualités EN

OIP welcomes the adoption of the DMA, a crucial step towards the regulation of Tech giants !

OIP welcomes the adoption of the DMA, a crucial step towards the regulation of Tech giants !

Open Internet Project (OIP), a European association of organizations and European digital industrialists, welcomes the agreement reached by the trialogue on Thursday 24 March 2022 on the Digital Markets Act (DMA) regulation.

OIP welcomes the agreement reached by the trilogue on Thursday March 24, 2022 on the DMA regulation, and notes with satisfaction that the legislation relating to digital markets in Europe will finally enter a new era.

« The DMA agreement is a significant step forward, which we welcome. Thanks to this new regulation, the European rules governing GAFAM will be much stricter, in particular with the recognition of the notion of gatekeeper, and will allow European alternative solutions – often the very first victims of anti-competitive practices – to develop under more favorable conditions ! »
emphasizes Leonidas Kalogeropoulos
OIP General Delegate

While the European digital market is dominated by a few monopolistic players, the DMA is the promise of more dynamic, open and healthy competition, which should allow innovative digital companies to develop under fairer conditions.

The DMA specifically targets gatekeepers, i.e. “gatekeepers”. As a reminder, these are digital companies in a dominant position and which control in particular the access of their users to the services of third-party companies. Recognizing their key position is key to being able to regulate them as such.

Gatekeepers indeed act as market regulators, they often impose barriers to entry, and ignore our existing European laws. OIP is particularly pleased that the entry into force of the DMA can make it possible to make, in the event of abuse, the sanctions against these gatekeepers more restrictive and dissuasive than before.

However, OIP stresses that there are still points of vigilance, in particular on the speed of application of the text as well as the use of precautionary measures. The final wording (article 22) does not seem to have taken into account the amendments of Parliament, aimed at making the standards for the application of precautionary measures better suited to their effective use. OIP recalls in this respect that the success of the DMA will necessarily depend on the ability of the European authorities to enforce it within short deadlines and, if necessary, with dissuasive sanctions.

Contacts:

Léonidas Kalogeropoulos, General Delegate : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Adviser :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Publication of a letter on the decision of the Trialogue not to keep the European Parliament’s version of article 22 of the DMA on the precautionary measures

Publication of a letter on the decision of the Trialogue not to keep the European Parliament's version of article 22 of the DMA on the precautionary measures.

The Open Internet Project has gathered converging information indicating that the European Commission and the European Council are on the way to rejecting Article 22 of the Digital Market Act as adopted by the European Parliament in December 2021 on precautionary measures.

As the DMA Trialogue draws to a close, the Open Internet Project (OIP) wishes to express its deepest concern with the information we have gathered, all of which indicates that the compromise version of Article 22 of the final text of the DMA would include the original proposal of the European Commission, and would therefore not take into account the text adopted by the European Parliament, aimed at modifying the standard of precautionary measures.

Indeed, Article 22, as proposed by the European Commission, requires that interim measures could only be applicable if the damage to be prevented is “irreparable”. However, with this requirement, the standards for the implementation of the provisional measures prove to be too high, so that this measure – worded identically to Article 8 of Regulation (EC) No 1/2003 – is and will remain inapplicable.

The fact that the provisional measures have only been applied in the digital sector once in 19 years bears witness to this, and the OIP has been working steadily for 4 years to ensure that this drafting evolves!

Faced with the abuse of a dominant position by the Internet giants, from which whole sections of the European digital economy suffer, the problem of urgency in the face of threats of market eviction is essential, and requires the shortening of procedural deadlines. Time is the ally of monopolies and the enemy of European companies which suffer from the abuse of dominant position by the American giants and tomorrow potentially by new global giants which are developing new abusive practices.

In order not to leave European businesses, particularly in the very fast-paced digital world, to suffer from market foreclosure practices, with no other solution than to wait for years for litigation procedures to come to an end, it is imperative to reform article 22 of the DMA regulation by adopting the version of the European Parliament which aims to replace the condition of “irreparable” damage by “immediate”!

This is the meaning of the vote that took place on December 15, 2021 in the European Parliament, and the European digital industry could not understand that this vote would be challenged by the trialogue on this vital issue for its future.

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Contacts:

Léonidas Kalogeropoulos, General Delegate : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Adviser :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Actualités EN

Google Analytics: the OIP calls on the French government to support the transition to European solutions

Google Analytics: the OIP calls on the French government to support the transition to European solutions

The Open Internet Project (OIP) welcomes the CNIL’s requirement to stop using the Google Analytics audience measurement solution due to the transfer of personal data to the United States, and welcomes that solutions European alternatives that are victims of abuse of a dominant position can thus gain visibility and develop.

Since the CNIL’s legal argument is valid for many other American digital tools, the association calls on public authorities to seize this opportunity to help data controllers identify alternative European solutions, and to support the transition to solutions. sovereigns respectful of European law.

The CNIL’s decision to prohibit the use of Google Analytics is a direct consequence of the “Schrems II” judgment of the Court of Justice of the European Union (CJEU) of July 16, 2020. It allows the authority France to remind firmly that in the European digital space, it is not optional to respect European law. The CNIL makes it clear that this right is unfortunately constantly violated when players export personal data from Europeans to the USA despite the cancellation of the Privacy Shield, which itself followed the cancellation of Safe Harbor. It therefore recalls the paramount importance of identifying, adopting and developing European alternatives which avoid such illicit transfers.

As the judicial authorities have pointed out several times, the legal system of the United States is not sufficiently protective of the rights of European Internet users and the security of their data. It is everyone’s responsibility to protect this data. The relentless analysis of the CNIL concerning the use of Google Analytics will therefore apply with the same effects for a whole series of non-European tools and services used most often under the effect of dominant positions that sit on illegal behavior.

The CNIL’s decision to require the use of solutions other than Google Analytics, and to no longer export personal data to the United States, is therefore an important opportunity that European public authorities and entrepreneurs must seize together to adopt , promote and build solutions that strengthen European strategic autonomy in the digital space. These solutions exist in terms of audience analysis as in many other technological fields, and other solutions will emerge and develop. Entrepreneurs are doing their part, and the State must develop an active strategy to help the emergence of these European solutions and promote their visibility and adoption with a support plan for the transition.

"This decision, based on an indisputable legal argument, must lead us collectively to offer better listening and visibility to the European solutions that already exist, which suffer from lawless practices that completely unbalance the market. The State cannot only wield the stick, and must therefore also help European alternatives to make themselves known, and help companies to adopt them. The OIP will ask the competent public authorities in the coming weeks to structure this support plan."
Léonidas Kalogeropoulos, OIP General Delegate
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Contacts:

Léonidas Kalogeropoulos, General Delegate : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Adviser :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91

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Actualités EN

The OIP challenges the candidates for the presidential election so that a truly sovereign digital industry emerges in France and in Europe

OIP challenges the candidates for the french presidential election so that a truly sovereign digital industry emerges in France and in Europe.

With 60 days to go before the first round of the presidential election, the Open Internet Project (OIP), a European association of organizations and European digital industrialists, calls on all the candidates for the presidential election on the digital sites which must quickly evolve so that the Internet giants – mostly foreign – stop abusing their ultra-dominant positions, and so that a truly sovereign digital industry emerges.

Lettre ouverte OIP candidats élections

Indeed, the vitiated effect of the overpowering of GAFAM, which respects neither our laws nor our institutions, and whose place continues to gain in importance, both in our economy and in our democratic and social life, is revealed everywhere: tax evasion, financing of conspiratorial sites, capture of personal and highly strategic data, looting of our cultural heritage,…

« Faced with such an accumulation of highly reprehensible behavior, and a list of sanctions that is certainly long but without any deterrent effect, it is urgent to find other truly effective responses. We ask the candidates to position themselves clearly on these crucial subjects for our country ! »
Léonidas Kalogeropoulos, OIP General Delegate

The OIP wishes to know the position of the candidates on the following proposals :

  1. The public order must have a structuring effect on the organization of alternative solutions to GAFAM;
  2. Sanctions imposed must be subject to judicial publication for 30 days on the websites of convicted actors;
  3. Possibility of interrupting access to the sentenced service in the event of a repeat offence;
  4. Legislative framework for digital advertising market share and audience share to be aligned;
    Creation of an observatory completely independent of the financing of conspiratorial and parasitic sites;
  5. Creation of a full-fledged Digital Ministry and permanent parliamentary committees in the two Assemblies;
  6. Reform of the public procurement code so that free digital offers no longer make it possible to escape competitive bidding procedures;
  7. Support of European digital solutions by public and private funds with strong diplomatic support to offer and promote these solutions to all countries – the “digital non-aligned” – wishing to opt for services respectful of European data and values.

→ Download the open letter from the OIP association to French presidential candidates (EN)

 

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Contacts:

Léonidas Kalogeropoulos, General Delegate : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Adviser :+33757503010 – anais.strauss@openinternetproject.eu

26, rue de l’Université • 75007 Paris
+33 (0)1 53 45 91 91