Table.Briefing: Europe

COP26: results and reactions + Dark Patterns

  • COP26: results and reactions
  • Dark Patterns difficult to regulate
  • EU digital index reveals further weaknesses
  • Putin warns Belarus against gas freeze
  • Profile: Bernd Hüttemann
Dear reader,

The final whistle sounded after extra time at the UN Climate Change Conference in Glasgow, which officially came to an end with the final closing declaration on Saturday evening. This puts COP26 roughly in the middle of the pack in terms of length. The record is held by the first climate summit, which took place in Berlin in 1995 and ended as early as Friday noon. The longest negotiations took place two years ago in Madrid.

In Paris 2015 at the latest, international climate protection moved out of the diplomatic shadows and into the limelight, and since then, no climate conference has been held without a grace period. After all, it is becoming more and more difficult every year to keep the 1.5-degree target formulated at the time within reach, and in the past two weeks, too, the credo was: “keep one point five alive”.

For long stretches, however, it didn’t look like it. Lukas Scheid has analyzed for you whether the global coal phase-out was successful after all, why it was watered down at the last minute and what the agreement on the completion of the Paris rulebook looks like.

So-called “dark patterns” on the Internet attract the attention of the authorities time and again. With the help of design tricks, websites often mislead consumers into actions that contradict their actual interests. But how can the problem be countered? Torsten Kleinz has taken a closer look at the regulatory approaches.

Your
Timo Landenberger
Image of Timo  Landenberger

Feature

Glasgow deal: announced, negotiated, watered down

The 26th UN Climate Change Conference in Glasgow ended on Saturday with a veritable diplomatic showdown on the open stage. For over an hour, EU Commission Vice-President Frans Timmermans negotiated alongside COP President Alok Sharma and US Special Envoy John Kerry with India’s Environment Minister Bhupender Yadav and China’s chief negotiator Xie Zhenhua. Not behind closed doors but in the main chamber. The result: a “phase-out” of coal-fired power generation became a “phasedown” in a completely non-transparent procedure in which the most powerful nations alone decided on the success or failure of COP26.

Hunched over pieces of paper and arguing over small-scale formulations, the “Glasgow Climate Pact” was finalized – but without final consultation with the smaller, less influential nations. They were banished to the sidelines, even though they too would have liked to make amendments, as Mexico subsequently complained. For them, it meant that the final declaration would no longer be touched.

What happened? India and China – supported by other coal nations such as Iran, Venezuela, and Cuba – did not agree with the wording on the coal phase-out in the last draft of the final declaration. It no longer referred to a general phase-out of coal-fired power generation, but only to the end of the dirtiest coal plants – so-called “unabated coal”. More modern coal plants that reduce emissions, for example, through carbon capture technologies, would not have been affected by this formulation anyway.

“Bitter pill” for small countries

But even with this wording, the big coal countries could not come to terms. After the long discussions were concluded in full view of the world, Sharma opened the final plenary session of COP26. Soon afterwards, Yadav from India spoke up and proposed the very same change from “phase-out” to “phasedown” – a clear watering down.

However, the motives can hardly be dismissed out of hand: Today’s industrialized nations have built their economic growth on fossil fuels, among other things. The CO2 footprint per capita in the EU and the US still exceeds that of India and China – in some cases significantly. China and India are demanding that emerging and developing countries be allowed to use the planet’s remaining carbon budget for their economic growth, while Europe, North America, and Australia should take responsibility for their historic global warming debt. They want more financial support for their energy transition. The last-minute push in Glasgow was an expression of that.

Smaller countries swallowed this “bitter pill”, as Liechtenstein’s environment minister Sabine Monauni put it, but sharply criticized the process. Sharma apologized and showed understanding for the indignation but pointed out that the agreement on a final declaration simply had priority. Timmermans, who helped broker the deal, also made a point of expressing his disappointment at the last-minute watering down and pledged EU support to countries that want to phase out coal. He cited the energy partnership with South Africa as a blueprint.

Not all bad in Glasgow

Nevertheless, only a few spoke of a general disappointment after the conclusion of the UN climate conference. For many, the fact that the coal rate and the renunciation of “inefficient” subsidies for fossil energy sources appeared in the final declaration at all was already a historic success. “Regardless of individual words in the final declaration, the political signal remains that the global coal phase-out has been initiated and is irreversible,” German Environment Minister Svenja Schulze announced. Companies and investors around the world must and would take this signal seriously. Admittedly, the SPD politician had wanted clearer statements. “But I also understand that India has gone over a threshold that this country has never crossed before.”

Christoph Bals, political director of Germanwatch, described the new wording, despite the weakening, as a “turning point towards a global phase-out of coal”. Moreover, he said, the international community has emphasized with a clarity unthinkable just two years ago “that we need to get on the 1.5-degree path globally.” The Glasgow climate pact specifies a 45 percent reduction in global emissions by 2030 compared to 2010.

Climate researcher Ottmar Edenhofer sees the outcome of the negotiations first and foremost as a mandate for action. “However, the states must actually comply with it – worldwide, but also here in Germany, much more strongly and quickly than before,” said the director of the Potsdam Institute for Climate Impact Research. For the German Chemical Industry Association (VCI), the positive initiatives from Glasgow cannot hide the blockades. VCI Managing Director Wolfgang Große Entrup: “Many countries are postponing uncomfortable measures further into the future”.

Nevertheless, it is “very positive” that climate neutrality has become the “new normal”, said Peter Liese, co-negotiator of the EU Parliament in Glasgow. At COP25 2019 in Madrid, the EU was still practically alone with this goal. Especially for the period 2030, the ambitions are still too low. Here, the EU is called upon to motivate other partner countries with its “Fit for 55” package, said the CDU MEP.

According to the Greens in the EU Parliament, the EU delegation in Glasgow did not make sufficient efforts. “Non-binding formulations and the lack of commitment to the coal phase-out show that the Green Deal still has to pass its litmus test,” says EU parliamentarian Jutta Paulus, calling on leaders to harness the momentum of the climate movements. “We have a year to bring the pressure from the streets to the negotiating table at COP27 in Egypt.”

Finalisation of the Paris Rulebook

The finalization of the Paris Rulebook is likely to be considered the biggest success of COP26. Article 6 of the Paris Agreement, which is supposed to regulate the crediting of emission reductions from the financing of climate protection projects abroad to one’s own national climate protection targets (NDCs), had remained open after the past two UN climate conferences. On Saturday, it was finally reported to be a done deal. The voluntary trading of emission reduction certificates for the private sector has also been regulated and will take place in a separate system. To be sure, not all loopholes have been plugged. But the most important issues seem to have been clarified.

This also includes the so-called “corresponding adjustments”, which prevent several countries from being credited with the same emission reductions. Such double counting is ruled out under the new rules. “This is a good result that will enable more climate protection,” commented Environment State Secretary Jochen Flasbarth. The regulation excludes loopholes in the fulfillment of climate protection commitments and creates a financing instrument for additional climate protection in developing countries.

Some questions still open

However, there are still gaps in the handling of certificates from the old “Clean Develop Mechanism” established under the Kyoto Protocol. Emission reductions certified after 2013 can be transferred to the new system. The problem with this is that existing climate protection projects that no longer make an additional contribution to climate protection are likely to continue to issue certificates under the new system. “The number of certificates that enter the system in this way without additionally helping the climate is not known exactly,” explains David Ryfisch of Germanwatch. He, therefore, calls for clear rules to be established “so that companies do not stock up on second-rate certificates to achieve their climate neutrality targets on paper”.

On the positive side, however, five percent of the revenue from the certificates under the new mechanism will go to the UN Adaptation Fund to support developing countries particularly affected by climate change, Ryfisch said. Emission reductions that are traded between two countries, however, are excluded from this quasi-tax. Another two percent of the certificates, on the other hand, will be canceled and will benefit the climate without a company being able to credit these savings to itself.

  • Climate & Environment
  • Climate Policy
  • Climate protection
  • Energy

Dark Patterns: Why they are difficult to regulate

In recent months, this newsletter has repeatedly mentioned the so-called “dark patterns”, which are now the focus of many legislators. These are design tricks that are used to the detriment of consumers.

There are numerous legislative proposals to tackle the problem. For example, the Digital Services Act: “Dark patterns should be banned,” says the DSA rapporteur of the European Parliament, Christel Schaldemose (S&D). The German Federal Ministry of Justice and Consumer Protection (BMJV) wants to regulate dark patterns under the AI Regulation. Dark patterns may also play a role in the Digital Governance Act and the Data Act. The US Federal Trade Commission (FTC), in turn, announced at the end of October a tougher approach against providers who want to trick and mislead customers.

But what exactly are “dark patterns”? It turns out: the term is almost as difficult to define as “pornography” or “terrorism”. The Dark Patterns Detection Project (dapde) has now come up with a working definition: “Dark patterns are design patterns that lead users to behave in ways that are contrary to their interests, and in doing so, unilaterally exploit design power in the interests of their users.

The BMJV is funding research by dapde to develop a program to automatically identify dark patterns in online platforms. The problem: The researchers found a wide range of different tricks. The list ranges from “click fatigue” – the constant repetition of a question until consumers finally agree – to online shops that add items to their customers’ shopping carts without asking.

This range not only makes it difficult to automatically identify dark patterns but also to find effective regulations. Cookie banners, in particular, have brought the issue to the attention of politicians, data, and consumer advocates, as well as an increasing number of consumers. Indeed, many website operators have found ways to drive up consent rates to process personal data for advertising purposes through targeted design decisions. Data protectionists question whether the consents thus obtained comply with the requirements of the General Data Protection Regulation. The Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband) has also dedicated itself to the issue in a campaign and sent 98 warnings to providers.

General principles or detailed prohibitions?

At a dpade conference, data protection activist Max Schrems referred to the industry’s own studies and claimed that with completely free choice, only three percent of users would agree to data sharing. In the summer, his organization NOYB automatically scanned thousands of cookie banners and filed complaints with data protection authorities when the NGO’s lawyers felt that the provisions of the GDPR had been violated.

This requires that users are informed fairly and transparently before they can consent to data processing. NOYB complained about website operators in particular if they made it significantly more difficult to refuse the transfer of data. However, Schrems also wants to take action against manipulative coloring and has had color contrasts measured in order to create an objective standard.

But how can dark patterns be regulated? Experts see three main approaches. One is the possibility of prohibiting very specific design patterns or prescribing designs in certain contexts. One example is the Fair Consumer Contracts Act, which will require certain providers in Germany to have a cancellation button from July 2022. There is also a proposal to prescribe a uniform design for cookie banners in the DSA.

Another approach is to establish rather general principles that have to be interpreted again in the specific case of application. The pitfalls are in the details: Should only particularly vulnerable groups be protected, such as children or gambling addicts? Or are average customers assumed to be able to see through certain concepts? And who is to enforce it: Is a supervisory authority needed, or is a right to sue sufficient?

Social democrats like the DSA rapporteur Schaldemose, as well as representatives of the Greens and the Left, on the other hand, rely on a third, “paternalistic” approach: they want to ban certain business models completely. The reasoning: The consent of most customers could only be achieved through pressure anyway. Torsten Kleinz

  • Artificial intelligence
  • Data law
  • Digital policy
  • Digitization

News

EU Digital Index: progress insufficient

All EU member states have made progress in the areas of human capital, broadband connectivity, integration of digital technology in businesses, and digital public services in the past year. This is the result of the EU Digital Economy and Society Barometer 2021 (DESI) presented by the European Commission.

However, the overall picture is divided, the report says. The gap between the Scandinavian countries at the top and Bulgaria and Romania at the bottom remains wide. Germany comes 11th in the ranking, behind Austria and ahead of Belgium. Despite the progress made, member states must increase their efforts to meet the EU targets under Europe’s Digital Decade, the Commission said.

One factor slowing down the digital transformation of many companies in the EU is the lack of IT specialists. For example, 55 percent of the companies surveyed said they had difficulty hiring employees with information and communications technology (ICT) skills.

In addition, the progress report for women in digital, also published, showed the continued large gender gap in this area. Only 19 percent of ICT specialists and around a third of science, technology, engineering, and maths graduates are female. til

  • Digitization
  • Technology

Putin warns Belarus of gas freeze

Russia is warning Belarus, which it supports, not to stop gas pipelines there in a dispute with the EU. In an interview with state television, Russian President Vladimir Putin said such a move would strain relations between the two states.

The EU is planning new sanctions against Belarus. It accuses the country of a “hybrid attack” by smuggling refugees from crisis regions in the Middle East and Africa to the EU’s external border. Belarusian President Alexander Lukashenko had recently discussed stopping gas deliveries to Europe. This would affect the Yamal pipeline, through which Russian gas flows via Belarus to Poland and Germany. The Belarusian part of the pipeline belongs to the Russian state monopolist Gazprom.

Putin now said that Lukashenko had not spoken to him about this issue. He added that, of course, Lukashenko could cut off gas supplies to Europe. “But this would mean a violation of our gas transit contract, and I hope it will not come to that,” Putin added. Lukashenko would harm the European energy sector in a big way with such a move, he added. Moreover, it would not be helpful for Russia’s relations with Belarus as a transit country.

President of the Bundestag calls for rapid assistance

Bundestag President Bärbel Bas (SPD) has called for swift help for refugees on the Polish-Belarusian border. “People are being brought to the EU border with a false promise. They are being abused,” the SPD politician told the Funke Mediengruppe newspapers. “Europe must quickly agree on how to help these people.” According to Bas, people and their fates should not be allowed to be used as leverage. She said the situation showed that the issue of migration had still not been resolved in the EU. “We Germans stand firmly by the side of the affected EU countries, especially Poland,” she said. rtr

  • Energy
  • Gastransit
  • Natural gas

Profile

Bernd Hüttemann – against the church tower mentality

Bernd Hüttemann is Secretary-General of the European Movement Germany.

He is European through and through, but Europe has never been an end in itself for him, says Bernd Hüttemann: “For me, it is simply the place where exciting differences nevertheless come together democratically,” explains the Secretary-General of the European Movement Germany (EBD). He has been working in this capacity for the EBD, an intermediary organization funded by the Federal Foreign Office, since 2003.

Even before that, he was close to events in Brussels, for example, as a research assistant at the Berlin Institute for European Politics. “My common thread has always been curiosity about differences, similarities, and bridges of cooperation. And that’s where European policy provides the excellent cement between people who want to overcome borders in terms of content and space, beyond the church tower mentality,” says the 50-year-old.

As Secretary-General of the EMCDDA, Hüttemann is first and foremost a lobbyist, although he does not specialize in any one sector but is generally on the road for European interests. “If you have the ADAC, the Farmers’ Association, the German Federal Youth Ring, the German Trade Union Federation, the Central Association of the German Baking Trade, and the most important parties in your membership, then that creates exclusive access,” he explains. However, the diverse membership with 256 organizations also creates control, and it is good for him as Secretary-General to have clear guidelines.

“Lobbying is like water”

According to Hüttemann, the fact that lobbying, and especially lobbying in Brussels, enjoys a bad reputation is due to the lack of education on the subject of interest representation. “In my ‘Generation Golf’, European law was not even compulsory for fully qualified lawyers. As far as I know, there is no chair for EU lobbying in Germany,” he argues. At the same time, he says, it is precisely those policy areas that have generated a lot of lobbying – i.e., the economy, the environment, and consumer protections – that have been Europeanized.

“And lobbying is like water, it takes its course. It is simply no wonder that lobbyists spend most of their time where decisions are made: in Brussels more than in Berlin,” Hüttemann continues. From his point of view, the word has spread among critics that the rules for lobbyists in Brussels are stricter than in Berlin. What is missing in the national perception, he said, is honesty and critical curiosity about exerting influence. In this respect, regulation will only help if EU legislation is better understood in its entirety and taken seriously.

In addition to his work for the EBD, Hüttemann also pursues other activities. Among other things, he is a lecturer at the University of Passau and advisor to the Bishops’ Working Group on Europe at the German Bishops’ Conference. When asked about the greatest European policy challenges for the Catholic Church, he says: “Climate protection and the protection of refugees are major issues where supporters of European solutions feel very much at home with the Pope and Catholic teaching, and are even actively supported. Yet, the challenges are in breaking national resistance, even among ultra-conservative Christians.”

It was, therefore, good in his eyes that the Catholic Church showed clear support for Europe’s unity. This clear support can also be expected from Hüttemann in the future, whether as an advisor to decision-makers or as a lobbyist. Constantin Eckner

  • European policy

Apéro

Rarely has a UN climate conference been so much in the public eye as COP26, which ended on Saturday. This is partly due to its urgency. Even in the run-up to the conference in Glasgow, even greater importance was attached to it than to the one in Paris in 2015. Back then, the famous 1.5-degree target was formulated but apparently quickly forgotten. The past two weeks should ensure that it remains within reach and that time is pressing.

On the other hand, the enormous presence of mostly young climate activists significantly lowered the otherwise rather high age average at such diplomatic events, which gave the COP a new look. Even if only on the outside.

Climate protection is in vogue, and the undeniable fact that the new demo culture also has a certain coolness factor is often criticized. Sometimes rightly so, when well-protected teenagers are driven to truancy in their parents’ SUV. But when thousands of young people from all over the world make a pilgrimage to Glasgow to make their voices heard, that is one thing above all: remarkable.

However, the young people were only really noticed by the decision-makers when they once again stood in the way and blocked the aisles with signs. They were not heard at all. The UN even officially appointed two youth delegates for each country. But only a few of them were allowed to take a seat at the negotiating table. A catalog of demands of the global youth, which had been worked out in advance, ended up in the garbage. No wonder, then, that behind the Instagram hashtag #COP26 you could often read the same three words: blah blah blah. Timo Landenberger

  • Fridays for Future

Europe.Table Editorial Office

EUROPE.TABLE EDITORS

Licenses:
    • COP26: results and reactions
    • Dark Patterns difficult to regulate
    • EU digital index reveals further weaknesses
    • Putin warns Belarus against gas freeze
    • Profile: Bernd Hüttemann
    Dear reader,

    The final whistle sounded after extra time at the UN Climate Change Conference in Glasgow, which officially came to an end with the final closing declaration on Saturday evening. This puts COP26 roughly in the middle of the pack in terms of length. The record is held by the first climate summit, which took place in Berlin in 1995 and ended as early as Friday noon. The longest negotiations took place two years ago in Madrid.

    In Paris 2015 at the latest, international climate protection moved out of the diplomatic shadows and into the limelight, and since then, no climate conference has been held without a grace period. After all, it is becoming more and more difficult every year to keep the 1.5-degree target formulated at the time within reach, and in the past two weeks, too, the credo was: “keep one point five alive”.

    For long stretches, however, it didn’t look like it. Lukas Scheid has analyzed for you whether the global coal phase-out was successful after all, why it was watered down at the last minute and what the agreement on the completion of the Paris rulebook looks like.

    So-called “dark patterns” on the Internet attract the attention of the authorities time and again. With the help of design tricks, websites often mislead consumers into actions that contradict their actual interests. But how can the problem be countered? Torsten Kleinz has taken a closer look at the regulatory approaches.

    Your
    Timo Landenberger
    Image of Timo  Landenberger

    Feature

    Glasgow deal: announced, negotiated, watered down

    The 26th UN Climate Change Conference in Glasgow ended on Saturday with a veritable diplomatic showdown on the open stage. For over an hour, EU Commission Vice-President Frans Timmermans negotiated alongside COP President Alok Sharma and US Special Envoy John Kerry with India’s Environment Minister Bhupender Yadav and China’s chief negotiator Xie Zhenhua. Not behind closed doors but in the main chamber. The result: a “phase-out” of coal-fired power generation became a “phasedown” in a completely non-transparent procedure in which the most powerful nations alone decided on the success or failure of COP26.

    Hunched over pieces of paper and arguing over small-scale formulations, the “Glasgow Climate Pact” was finalized – but without final consultation with the smaller, less influential nations. They were banished to the sidelines, even though they too would have liked to make amendments, as Mexico subsequently complained. For them, it meant that the final declaration would no longer be touched.

    What happened? India and China – supported by other coal nations such as Iran, Venezuela, and Cuba – did not agree with the wording on the coal phase-out in the last draft of the final declaration. It no longer referred to a general phase-out of coal-fired power generation, but only to the end of the dirtiest coal plants – so-called “unabated coal”. More modern coal plants that reduce emissions, for example, through carbon capture technologies, would not have been affected by this formulation anyway.

    “Bitter pill” for small countries

    But even with this wording, the big coal countries could not come to terms. After the long discussions were concluded in full view of the world, Sharma opened the final plenary session of COP26. Soon afterwards, Yadav from India spoke up and proposed the very same change from “phase-out” to “phasedown” – a clear watering down.

    However, the motives can hardly be dismissed out of hand: Today’s industrialized nations have built their economic growth on fossil fuels, among other things. The CO2 footprint per capita in the EU and the US still exceeds that of India and China – in some cases significantly. China and India are demanding that emerging and developing countries be allowed to use the planet’s remaining carbon budget for their economic growth, while Europe, North America, and Australia should take responsibility for their historic global warming debt. They want more financial support for their energy transition. The last-minute push in Glasgow was an expression of that.

    Smaller countries swallowed this “bitter pill”, as Liechtenstein’s environment minister Sabine Monauni put it, but sharply criticized the process. Sharma apologized and showed understanding for the indignation but pointed out that the agreement on a final declaration simply had priority. Timmermans, who helped broker the deal, also made a point of expressing his disappointment at the last-minute watering down and pledged EU support to countries that want to phase out coal. He cited the energy partnership with South Africa as a blueprint.

    Not all bad in Glasgow

    Nevertheless, only a few spoke of a general disappointment after the conclusion of the UN climate conference. For many, the fact that the coal rate and the renunciation of “inefficient” subsidies for fossil energy sources appeared in the final declaration at all was already a historic success. “Regardless of individual words in the final declaration, the political signal remains that the global coal phase-out has been initiated and is irreversible,” German Environment Minister Svenja Schulze announced. Companies and investors around the world must and would take this signal seriously. Admittedly, the SPD politician had wanted clearer statements. “But I also understand that India has gone over a threshold that this country has never crossed before.”

    Christoph Bals, political director of Germanwatch, described the new wording, despite the weakening, as a “turning point towards a global phase-out of coal”. Moreover, he said, the international community has emphasized with a clarity unthinkable just two years ago “that we need to get on the 1.5-degree path globally.” The Glasgow climate pact specifies a 45 percent reduction in global emissions by 2030 compared to 2010.

    Climate researcher Ottmar Edenhofer sees the outcome of the negotiations first and foremost as a mandate for action. “However, the states must actually comply with it – worldwide, but also here in Germany, much more strongly and quickly than before,” said the director of the Potsdam Institute for Climate Impact Research. For the German Chemical Industry Association (VCI), the positive initiatives from Glasgow cannot hide the blockades. VCI Managing Director Wolfgang Große Entrup: “Many countries are postponing uncomfortable measures further into the future”.

    Nevertheless, it is “very positive” that climate neutrality has become the “new normal”, said Peter Liese, co-negotiator of the EU Parliament in Glasgow. At COP25 2019 in Madrid, the EU was still practically alone with this goal. Especially for the period 2030, the ambitions are still too low. Here, the EU is called upon to motivate other partner countries with its “Fit for 55” package, said the CDU MEP.

    According to the Greens in the EU Parliament, the EU delegation in Glasgow did not make sufficient efforts. “Non-binding formulations and the lack of commitment to the coal phase-out show that the Green Deal still has to pass its litmus test,” says EU parliamentarian Jutta Paulus, calling on leaders to harness the momentum of the climate movements. “We have a year to bring the pressure from the streets to the negotiating table at COP27 in Egypt.”

    Finalisation of the Paris Rulebook

    The finalization of the Paris Rulebook is likely to be considered the biggest success of COP26. Article 6 of the Paris Agreement, which is supposed to regulate the crediting of emission reductions from the financing of climate protection projects abroad to one’s own national climate protection targets (NDCs), had remained open after the past two UN climate conferences. On Saturday, it was finally reported to be a done deal. The voluntary trading of emission reduction certificates for the private sector has also been regulated and will take place in a separate system. To be sure, not all loopholes have been plugged. But the most important issues seem to have been clarified.

    This also includes the so-called “corresponding adjustments”, which prevent several countries from being credited with the same emission reductions. Such double counting is ruled out under the new rules. “This is a good result that will enable more climate protection,” commented Environment State Secretary Jochen Flasbarth. The regulation excludes loopholes in the fulfillment of climate protection commitments and creates a financing instrument for additional climate protection in developing countries.

    Some questions still open

    However, there are still gaps in the handling of certificates from the old “Clean Develop Mechanism” established under the Kyoto Protocol. Emission reductions certified after 2013 can be transferred to the new system. The problem with this is that existing climate protection projects that no longer make an additional contribution to climate protection are likely to continue to issue certificates under the new system. “The number of certificates that enter the system in this way without additionally helping the climate is not known exactly,” explains David Ryfisch of Germanwatch. He, therefore, calls for clear rules to be established “so that companies do not stock up on second-rate certificates to achieve their climate neutrality targets on paper”.

    On the positive side, however, five percent of the revenue from the certificates under the new mechanism will go to the UN Adaptation Fund to support developing countries particularly affected by climate change, Ryfisch said. Emission reductions that are traded between two countries, however, are excluded from this quasi-tax. Another two percent of the certificates, on the other hand, will be canceled and will benefit the climate without a company being able to credit these savings to itself.

    • Climate & Environment
    • Climate Policy
    • Climate protection
    • Energy

    Dark Patterns: Why they are difficult to regulate

    In recent months, this newsletter has repeatedly mentioned the so-called “dark patterns”, which are now the focus of many legislators. These are design tricks that are used to the detriment of consumers.

    There are numerous legislative proposals to tackle the problem. For example, the Digital Services Act: “Dark patterns should be banned,” says the DSA rapporteur of the European Parliament, Christel Schaldemose (S&D). The German Federal Ministry of Justice and Consumer Protection (BMJV) wants to regulate dark patterns under the AI Regulation. Dark patterns may also play a role in the Digital Governance Act and the Data Act. The US Federal Trade Commission (FTC), in turn, announced at the end of October a tougher approach against providers who want to trick and mislead customers.

    But what exactly are “dark patterns”? It turns out: the term is almost as difficult to define as “pornography” or “terrorism”. The Dark Patterns Detection Project (dapde) has now come up with a working definition: “Dark patterns are design patterns that lead users to behave in ways that are contrary to their interests, and in doing so, unilaterally exploit design power in the interests of their users.

    The BMJV is funding research by dapde to develop a program to automatically identify dark patterns in online platforms. The problem: The researchers found a wide range of different tricks. The list ranges from “click fatigue” – the constant repetition of a question until consumers finally agree – to online shops that add items to their customers’ shopping carts without asking.

    This range not only makes it difficult to automatically identify dark patterns but also to find effective regulations. Cookie banners, in particular, have brought the issue to the attention of politicians, data, and consumer advocates, as well as an increasing number of consumers. Indeed, many website operators have found ways to drive up consent rates to process personal data for advertising purposes through targeted design decisions. Data protectionists question whether the consents thus obtained comply with the requirements of the General Data Protection Regulation. The Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband) has also dedicated itself to the issue in a campaign and sent 98 warnings to providers.

    General principles or detailed prohibitions?

    At a dpade conference, data protection activist Max Schrems referred to the industry’s own studies and claimed that with completely free choice, only three percent of users would agree to data sharing. In the summer, his organization NOYB automatically scanned thousands of cookie banners and filed complaints with data protection authorities when the NGO’s lawyers felt that the provisions of the GDPR had been violated.

    This requires that users are informed fairly and transparently before they can consent to data processing. NOYB complained about website operators in particular if they made it significantly more difficult to refuse the transfer of data. However, Schrems also wants to take action against manipulative coloring and has had color contrasts measured in order to create an objective standard.

    But how can dark patterns be regulated? Experts see three main approaches. One is the possibility of prohibiting very specific design patterns or prescribing designs in certain contexts. One example is the Fair Consumer Contracts Act, which will require certain providers in Germany to have a cancellation button from July 2022. There is also a proposal to prescribe a uniform design for cookie banners in the DSA.

    Another approach is to establish rather general principles that have to be interpreted again in the specific case of application. The pitfalls are in the details: Should only particularly vulnerable groups be protected, such as children or gambling addicts? Or are average customers assumed to be able to see through certain concepts? And who is to enforce it: Is a supervisory authority needed, or is a right to sue sufficient?

    Social democrats like the DSA rapporteur Schaldemose, as well as representatives of the Greens and the Left, on the other hand, rely on a third, “paternalistic” approach: they want to ban certain business models completely. The reasoning: The consent of most customers could only be achieved through pressure anyway. Torsten Kleinz

    • Artificial intelligence
    • Data law
    • Digital policy
    • Digitization

    News

    EU Digital Index: progress insufficient

    All EU member states have made progress in the areas of human capital, broadband connectivity, integration of digital technology in businesses, and digital public services in the past year. This is the result of the EU Digital Economy and Society Barometer 2021 (DESI) presented by the European Commission.

    However, the overall picture is divided, the report says. The gap between the Scandinavian countries at the top and Bulgaria and Romania at the bottom remains wide. Germany comes 11th in the ranking, behind Austria and ahead of Belgium. Despite the progress made, member states must increase their efforts to meet the EU targets under Europe’s Digital Decade, the Commission said.

    One factor slowing down the digital transformation of many companies in the EU is the lack of IT specialists. For example, 55 percent of the companies surveyed said they had difficulty hiring employees with information and communications technology (ICT) skills.

    In addition, the progress report for women in digital, also published, showed the continued large gender gap in this area. Only 19 percent of ICT specialists and around a third of science, technology, engineering, and maths graduates are female. til

    • Digitization
    • Technology

    Putin warns Belarus of gas freeze

    Russia is warning Belarus, which it supports, not to stop gas pipelines there in a dispute with the EU. In an interview with state television, Russian President Vladimir Putin said such a move would strain relations between the two states.

    The EU is planning new sanctions against Belarus. It accuses the country of a “hybrid attack” by smuggling refugees from crisis regions in the Middle East and Africa to the EU’s external border. Belarusian President Alexander Lukashenko had recently discussed stopping gas deliveries to Europe. This would affect the Yamal pipeline, through which Russian gas flows via Belarus to Poland and Germany. The Belarusian part of the pipeline belongs to the Russian state monopolist Gazprom.

    Putin now said that Lukashenko had not spoken to him about this issue. He added that, of course, Lukashenko could cut off gas supplies to Europe. “But this would mean a violation of our gas transit contract, and I hope it will not come to that,” Putin added. Lukashenko would harm the European energy sector in a big way with such a move, he added. Moreover, it would not be helpful for Russia’s relations with Belarus as a transit country.

    President of the Bundestag calls for rapid assistance

    Bundestag President Bärbel Bas (SPD) has called for swift help for refugees on the Polish-Belarusian border. “People are being brought to the EU border with a false promise. They are being abused,” the SPD politician told the Funke Mediengruppe newspapers. “Europe must quickly agree on how to help these people.” According to Bas, people and their fates should not be allowed to be used as leverage. She said the situation showed that the issue of migration had still not been resolved in the EU. “We Germans stand firmly by the side of the affected EU countries, especially Poland,” she said. rtr

    • Energy
    • Gastransit
    • Natural gas

    Profile

    Bernd Hüttemann – against the church tower mentality

    Bernd Hüttemann is Secretary-General of the European Movement Germany.

    He is European through and through, but Europe has never been an end in itself for him, says Bernd Hüttemann: “For me, it is simply the place where exciting differences nevertheless come together democratically,” explains the Secretary-General of the European Movement Germany (EBD). He has been working in this capacity for the EBD, an intermediary organization funded by the Federal Foreign Office, since 2003.

    Even before that, he was close to events in Brussels, for example, as a research assistant at the Berlin Institute for European Politics. “My common thread has always been curiosity about differences, similarities, and bridges of cooperation. And that’s where European policy provides the excellent cement between people who want to overcome borders in terms of content and space, beyond the church tower mentality,” says the 50-year-old.

    As Secretary-General of the EMCDDA, Hüttemann is first and foremost a lobbyist, although he does not specialize in any one sector but is generally on the road for European interests. “If you have the ADAC, the Farmers’ Association, the German Federal Youth Ring, the German Trade Union Federation, the Central Association of the German Baking Trade, and the most important parties in your membership, then that creates exclusive access,” he explains. However, the diverse membership with 256 organizations also creates control, and it is good for him as Secretary-General to have clear guidelines.

    “Lobbying is like water”

    According to Hüttemann, the fact that lobbying, and especially lobbying in Brussels, enjoys a bad reputation is due to the lack of education on the subject of interest representation. “In my ‘Generation Golf’, European law was not even compulsory for fully qualified lawyers. As far as I know, there is no chair for EU lobbying in Germany,” he argues. At the same time, he says, it is precisely those policy areas that have generated a lot of lobbying – i.e., the economy, the environment, and consumer protections – that have been Europeanized.

    “And lobbying is like water, it takes its course. It is simply no wonder that lobbyists spend most of their time where decisions are made: in Brussels more than in Berlin,” Hüttemann continues. From his point of view, the word has spread among critics that the rules for lobbyists in Brussels are stricter than in Berlin. What is missing in the national perception, he said, is honesty and critical curiosity about exerting influence. In this respect, regulation will only help if EU legislation is better understood in its entirety and taken seriously.

    In addition to his work for the EBD, Hüttemann also pursues other activities. Among other things, he is a lecturer at the University of Passau and advisor to the Bishops’ Working Group on Europe at the German Bishops’ Conference. When asked about the greatest European policy challenges for the Catholic Church, he says: “Climate protection and the protection of refugees are major issues where supporters of European solutions feel very much at home with the Pope and Catholic teaching, and are even actively supported. Yet, the challenges are in breaking national resistance, even among ultra-conservative Christians.”

    It was, therefore, good in his eyes that the Catholic Church showed clear support for Europe’s unity. This clear support can also be expected from Hüttemann in the future, whether as an advisor to decision-makers or as a lobbyist. Constantin Eckner

    • European policy

    Apéro

    Rarely has a UN climate conference been so much in the public eye as COP26, which ended on Saturday. This is partly due to its urgency. Even in the run-up to the conference in Glasgow, even greater importance was attached to it than to the one in Paris in 2015. Back then, the famous 1.5-degree target was formulated but apparently quickly forgotten. The past two weeks should ensure that it remains within reach and that time is pressing.

    On the other hand, the enormous presence of mostly young climate activists significantly lowered the otherwise rather high age average at such diplomatic events, which gave the COP a new look. Even if only on the outside.

    Climate protection is in vogue, and the undeniable fact that the new demo culture also has a certain coolness factor is often criticized. Sometimes rightly so, when well-protected teenagers are driven to truancy in their parents’ SUV. But when thousands of young people from all over the world make a pilgrimage to Glasgow to make their voices heard, that is one thing above all: remarkable.

    However, the young people were only really noticed by the decision-makers when they once again stood in the way and blocked the aisles with signs. They were not heard at all. The UN even officially appointed two youth delegates for each country. But only a few of them were allowed to take a seat at the negotiating table. A catalog of demands of the global youth, which had been worked out in advance, ended up in the garbage. No wonder, then, that behind the Instagram hashtag #COP26 you could often read the same three words: blah blah blah. Timo Landenberger

    • Fridays for Future

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