The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!

The question

What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?

The key takeaway

The 2025 Work Programme has dropped the ePrivacy Regulation and AI Liability Directive due to a lack of agreement and evolving legislation, while the Digital Package, which aims to boost competitiveness and digital sovereignty, will be streamlined. Key new initiatives include the Digital Networks Act, AI Continent Action Plan, and the 2030 Consumer Agenda. This shift reflects the EU’s focus on reducing regulatory burdens and fostering digital growth.

The background

On 12 February 2025, the European Commission published its Work Programme for 2025. The annual Work Programme outlines the most significant policy and legislative initiatives planned for the forthcoming year. It serves as a roadmap for the European Union’s policy-making process and ensures transparency in the Commission’s agenda. As part of the Work Programme, the European Commission provides important guidance on the EU’s thinking as to regulatory priorities.

The development

The key points from the 2025 Work Programme that will impact the technology sector include:

• ePrivacy Regulation dropped: The Proposal for a Regulation concerning the respect for private life and the protection of personal data in electronic communications and the repealing of the Regulation on Privacy and Electronic Communications has been withdrawn. This has been withdrawn because the EU Commission states that there is no agreement expected from co-legislators. Additionally, the Commission believes that it was “outdated in view of some recent legislation in both the technological and legislative landscape” – likely in reference to the Digital Markets Act and the Digital Services Act.
• AI Liability Directive dropped: The Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence has been withdrawn. This has been withdrawn because the EU Commission states that there is no foreseeable agreement between Member States. The Commission will instead consider whether other types of regulation are more appropriate. Read more about what the AI Liability Directive would have introduced in our Winter 2022 Snapshot here.
• Simplification of the Digital Package: The Work Programme also details that the European Commission plans to simplify the Digital Package which is a set of proposed regulations aimed at ensuring fair competition in the digital market. The focus of the Digital Package is to streamline cyber security rules, conduct a review of the Cybersecurity Act to identify areas for simplification and to conduct a general “fitness check” on other legislative policies that impact the digital sphere.
• New initiatives: Key priorities for the European Commission in 2025 include the Digital Networks Act (aimed at modernising the EU’s telecommunications regulations), the AI Continent Action plan (a plan to ensure European competitiveness in the AI sector) and the 2030 Consumer Agenda (a strategic framework for consumer rights).

Why is this important?

The Work Programme is important because it shows the EU’s direction of thinking from a regulatory standpoint, which indicates a move towards efficiency and allowing businesses to innovate without being held back due to bureaucracy. It further illuminates the priorities of the European Commission in ensuring a strong framework for EU competitiveness in digital sectors. The fact that there is much regulation dropped or simplified is likely in response to the recent Report by Mario Draghi on the future of European competitiveness which emphasised the desperate need of removal of unnecessary red-tape and the urgency of EU wide investment into the digital sectors to ensure continued European competitiveness on the world stage.

Any practical tips?

While there has been some regulation that has been withdrawn, tech companies should stay agile and monitor regulatory changes and ensure compliance to remain competitive. For example, whilst the AI Liability Directive was withdrawn, companies should still prioritize AI risk management and compliance with the EU’s AI Act. Furthermore, regular assessment of upcoming regulation means that there is the potential to leverage opportunities such as possible AI funding and regulatory incentives.

Spring 2025