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…

Google gobbling Fitbit is a major privacy risk, warns EU data protection advisor

The European Data Protection Board (EDPB) has intervened to raise concerns about Google’s plan to scoop up the health and activity data of millions of Fitbit users — at a time when the company is under intense scrutiny over how extensively it tracks people online and for antitrust concerns.

Google confirmed its plan to acquire Fitbit last November, saying it would pay $7.35 per share for the wearable maker in an all-cash deal that valued Fitbit, and therefore the activity, health, sleep and location data it can hold on its more than 28M active users, at ~$2.1 billion.

Regulators are in the process of considering whether to allow the tech giant to gobble up all this data.

Google, meanwhile, is in the process of dialling up its designs on the health space.

In a statement issued after a plenary meeting this week the body that advises the European Commission on the application of EU data protection law highlights the privacy implications of the planned merger, writing: “There are concerns that the possible further combination and accumulation of sensitive personal data regarding people in Europe by a major tech company could entail a high level of risk to the fundamental rights to privacy and to the protection of personal data.”

Just this month the Irish Data Protection Commission (DPC) opened a formal investigation into Google’s processing of people’s location data — finally acting on GDPR complaints filed by consumer rights groups as early as November 2018  which argue the tech giant uses deceptive tactics to manipulate users in order to keep tracking them for ad-targeting purposes.

The Irish DPC, which is the lead privacy regulator for Google in the EU and a member of the EDPB, said the advisory body’s statement is a reflection of the collective views of data protection agencies across the bloc.

The EDPB’s statement goes on to reiterate the importance for EU regulators to asses what it describes as the “longer-term implications for the protection of economic, data protection and consumer rights whenever a significant merger is proposed”.

It also says it intends to remain “vigilant in this and similar cases in the future”.

The EDPB includes a reminder that Google and Fitbit have obligations under Europe’s General Data Protection Regulation to conduct a “full assessment of the data protection requirements and privacy implications of the merger” — and do so in a transparent way, under the regulation’s principle of accountability.

“The EDPB urges the parties to mitigate the possible risks of the merger to the rights to privacy and data protection before notifying the merger to the European Commission,” it also writes.

We reached out to Google for comment but at the time of writing it had not provided a response nor responded to a question asking what commitments it will be making to Fitbit users regarding the privacy of their data.

Fitbit has previously claimed that users’ “health and wellness data will not be used for Google ads”.

However big tech has a history of subsequently steamrollering founder claims that ‘nothing will change’. (See, for e.g.: Facebook’s WhatsApp U-turn on data-linking.)

“The EDPB will consider the implications that this merger may have for the protection of personal data in the European Economic Area and stands ready to contribute its advice on the proposed merger to the Commission if so requested,” the advisory body adds.

We also reached out to the European Commission’s competition unit for a response to the EDPB’s statement. A spokeswoman confirmed the transaction has not been formally notified to it. 

“It is always up to the companies to notify transactions with an EU dimension to the European Commission,” she added. 

It is not yet clear whether or not the acquisition will face merger control review in the EU.

Update: A Google spokesperson has now sent this statement: “We are acquiring Fitbit to help us develop devices in the highly competitive wearables space and the deal is subject to the usual regulatory approvals. Protecting peoples’ information is core to what we do, and we will continue to work constructively with regulators to answer their questions.”

The company also pointed to its original blog post about the acquisition — highlighting the claims that: “We will never sell personal information to anyone. Fitbit health and wellness data will not be used for Google ads. And we will give Fitbit users the choice to review, move, or delete their data.”

This report was updated with additional comment