INTRODUCTION Contributed by: Herald Jongen, Nienke Bernard and Wouter van Wengen, Greenberg Traurig, LLP
tual obligations on their ICT services providers to adhere to stricter standards for risk management and operational continuity. This legislative shift raises significant considera - tions for technology providers. These considera - tions are: • compliance readiness: many small and mid- sized providers may struggle to meet the complex requirements of new laws like the DORA; • contractual realignments: providers must re- evaluate contracts to address new liabilities and allocate risk appropriately across supply chains; and • global implications: multi-jurisdictional com - pliance becomes a pressing challenge for providers operating in markets with divergent regulatory regimes. These developments signal the need for TMT companies to adopt proactive compliance strat - egies, enhance internal governance and foster transparent relationships with clients and part - ners. Telecommunications: the backbone of modern society and its increasing obligations The telecommunications sector has evolved from being a critical utility to a societal back - bone, underpinning essential services such as healthcare, education and emergency response. This evolution has brought with it heightened regulatory scrutiny and obligations, particularly under frameworks like the EU’s NIS2 Directive. As telecom networks are central to societal and economic resilience, regulators are demanding that providers implement robust risk manage - ment and cybersecurity measures. Key obliga - tions include:
• conducting mandatory risk assessments and adopting stricter incident reporting standards; • ensuring the security of supply chains, par - ticularly in the context of geopolitical tensions and the reliance on third-party technology vendors; and • enhancing collaboration with governmental authorities to prevent and mitigate systemic risks. Telecom providers must now balance commer - cial imperatives with their role as stewards of societal stability. This balancing act requires sig - nificant investment in technology, stronger inter - nal controls and a willingness to collaborate with regulators to shape the future of the sector. Regulating Big Tech’s role in society The influence of Big Tech platforms such as Google, X (formerly Twitter), Facebook and Ins - tagram on democratic processes has emerged as a critical issue for policymakers. Allegations of disinformation campaigns, algorithmic bias and foreign interference have led to increased scrutiny of these platforms’ role in elections and democratic processes. Scrutiny also continues to increase regarding the distribution of child sexual abuse material (CSAM), the impact of these media on children and the propagation of (fake) news via Big Tech platforms about a wide range of other topics that may adversely influence society, including politics, public health and national security. Regulatory efforts to address these challenges include the following. Transparency in political advertising Laws like the EU’s Digital Services Act (the “DSA”) and proposed US legislation require platforms to disclose political ad spending and targeting criteria.
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