Geopolitical and other trends are creating incentives for more alignment between the US, EU and UK on digital technology governance, but some degree of regulatory divergence and transatlantic friction is inevitable. In order to make progress, the transatlantic partners will need to manage their differences, keep working to the same vision and values, and bear in mind that common values ultimately outweigh the tensions between their respective regulatory agendas.
A more coherent approach on vision and values would not only support the transatlantic digital trade and technology relationship, but also help to align digital rules and standards, facilitate interoperability between digital systems, and strengthen international cooperation around global governance of the digital space. As part of this, the US, EU and UK need to work to a longer-term vision that reinforces digital cooperation between themselves, like-minded states and other ‘digital deciders’. Such work will include building stronger partnerships in the Global South, particularly in the context of rising digital authoritarianism and the challenges presented by initiatives such as China’s Digital Silk Road. The UK has made a push to build alliances, including by inviting Australia, India, South Africa and South Korea to attend the G7 summit as guest countries in June 2021. Germany’s assumption of the G7 presidency in 2022 offers an opportunity to build on this engagement.
The range of traditional and new platforms and opportunities for dialogue discussed in this paper should help the US, EU and UK to build trust and understanding between each other and with like-minded states, cement and promote a common vision based on mutual values, and find solutions to regulatory differences and global challenges. But digital technology affects all sectors of government, business and society, and currently there is no single international forum or institution for governments to coordinate on digital technology governance. This in turn raises challenges for policy coherence and consistency. In light of this, the EU-US Trade and Technology Council offers a potentially valuable platform, and there may be some benefit in the US and the EU using it to connect with the UK and other leading democracies that share the council’s aim of promoting an open and inclusive model of digital governance.
While regular dialogue is important, words need to be put into action. This includes the striking of bilateral agreements on data flows, cooperation on export controls, the sharing of information and lessons on market regulation, and the use of nimble and adaptive soft-law instruments such as codes of conduct in addition to binding agreements.
Process will also matter as much as substance. The dynamics of global governance are evolving, with non-state actors, particularly those in the private sector and civil society, playing increasingly important roles. The US, EU and UK should continue to push for these actors to have seats at the table. They should consider ways to leverage the perspectives and insights that such relationships bring, and should also work to ensure that governance frameworks are anticipatory, dynamic and flexible.
Geopolitical competition and differing national approaches to technology regulation will always pose challenges. But by working towards a more inclusive and joined-up approach, the transatlantic partners will be in a better position to shape global technology governance in line with their shared values.
