Ref. Ares(2022)4935753 - 06/07/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
SG.D.1 - Digital Transition, Industry & Single Market
Brussels
SG.D.1/BA
Mr. Faye Holder
1 Long Lane
London
UK
Email
: ask+request-11284-
xxxxxxxx@xxxxxxxx.xxx
Dear Sir,
Subject:
Your application for access to documents – GESTDEM 2022/2958,
2961, 2962
We refer to your e-mails of 23 May 2022 in which you make three requests for access to
documents, registered on 23 May 2022 under the above-mentioned reference numbers.
You request access to:
All documentation, including but not limited to attendance lists, agendas, background
papers, minutes/notes, video recordings and email correspondence about or
summarising, the following meetings:
1. Google and President Ursula von der Leyen on 30th March 2022 [GESTDEM
2022/2958]
2. Microsoft Corporation and Executive VP Margrethe Vestager on Digital policies
on 18/05/2022 [GESTDEM 2022/2961]
3. Google and Executive VP Margrethe Vestager on Digital markets Act and
Digital Services Act, Data Act on 30/03/2022 [GESTDEM 2022/2961]
4. Microsoft Corporation and Executive VP Margrethe Vestager on Digital policies
on 17/03/2022 [GESTDEM 2022/2961]
5. Microsoft Corporation and Penelope Papandropoulos and Werner Stengg, on
18/05/2022, on Digital policies [GESTDEM 2022/2962]
We have identified the following documents responsive to your request:
1. Ares(2022)3979173 - Briefing Microsoft Trade and technology council
2.
Ares(2022)3557024 - Incoming meeting request Microsoft 18 May_Redacted 3. Ares(2022)3768777 - positive reply Microsoft 18 May_Redacted
4. Ares(2022)3979173 - Briefing Microsoft AI_Redacted
5. Ares(2022)3979173 - Briefing Microsoft Cloud_Redacted
6. Ares(2022)3979173 - Briefing Microsoft Cybersecurity_Redacted
7. Ares(2022)3979173 - Briefing Microsoft Digital Services Act_Redacted
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
8. Ares(2022)3979173 - Briefing Microsoft Legislation on child sexual
abuse_Redacted
9. Ares(2022)3979173 - Briefing Microsoft RRF_Redacted
10. Ares(2022)3979173 - Briefing Microsoft Steering brief_Redacted
11. Ares(2022)3979173 - Briefing Microsoft Table of contents_Redacted
12. Ares(2022)4212038_Minutes from mtg Microsoft - CAB Vestager -
180522_Redacted
13. Ares(2022)2605155 email_Redacted
14. Ares(2022)3938580 Short notes of meeting with President vdL and Google on 30
March 2022.docx_Redacted
15. FW_ Meeting request with Google and President von der Leyen (Ares(2022)
16. Ares(2022)2605155 Thank you letter from Google CEO for the meeting in
Brussels_Redacted
17. Ares(2022)2126669 Microsoft Report 17.03.2022 EVP_Redacted
18. Ares(2022)1823001 Microsoft RE_ Meet up_Redacted
19. Ares(2022)2022751 Microsoft 17.03 Table of contents.docx_Redacted
20. Ares(2022)2022751 Microsoft 17.03 Steering brief.docx_Redacted
21. Ares(2022)2022751
Microsoft
17.03
Recovery
and
resilience
facility.docx_Redacted
22. Ares(2022)2022751 Microsoft 17.03 Digital.docx_Redacted
23. Ares(2022)2022751 Microsoft 17.03 Trade and technology council
24. Ares(2022)1967898 Google RE_ Meeting requests with Google_Redacted
25. Ares(2022)2618094_Google ACK Thank you letter to EVP Vestager from
Google_Redacted
26. Ares(2022)2869279 Google 30.03 (If raised) Data protection.docx_Redacted
27. Ares(2022)2869279 Google 30.03 Data Act.docx_Redacted
28. Ares(2022)2869279 Google 30.03 Digital Services Act.docx_Redacted
29. Ares(2022)2869279 Google 30.03 Google input on impact assessment for
adapting liability rules to the digital age.pdf
30. Ares(2022)2869279 Google 30.03 Product Liability Directive & AI
liability.docx_Redacted
31. Ares(2022)2869279 Google 30.03 Steering brief.docx_Redacted
32. Ares(2022)2869279 Google 30.03 Table of contents.docx_Redacted
33. Ares(2022)3864041 report meeting EVP vestager-Google 30.03.2022_Redacted
With regard to the documents listed above, a complete disclosure of the identified
documents is prevented in view of the considerations set out below.
First, full disclosure is prevented by the exception concerning the protection of privacy
and the integrity of the individual outlined in Article 4(1)(b) of Regulation (EC) No
1049/2001, because they contain the following personal data:
- the names/initials and contact information of Commission staff members not
pertaining to the senior management;
- the names/initials and contact details of other institutions or natural persons.
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where there is no reason to assume that
the legitimate interests of the data subject might be prejudiced. In your request, you do
neither express any particular interest to have access to these personal data, nor put forward
arguments to establish the necessity to have the data transmitted for a specific purpose in the
public interest.
2
Second, some of the documents include information on Commission procedures that are
currently ongoing and their disclosure could undermine the process concerned. As a
result, complete disclosure of these documents is prevented by the exception to the right
of access laid down in Article 4(3) of Regulation (EC) No 1049/2001.
Third, some of the documents additionally may contain information related to commercial
interests of a natural or legal person, which has also been redacted as its disclosure is
prevented by the exception to the right of access laid down in the first subparagraph of
Article 4(2) of Regulation (EC) No 1049/2001. Please note that documents originating from
third parties are disclosed to you based on Regulation (EC) No 1049/2001. However, this
disclosure is without prejudice to the rules on intellectual property, which may limit your
right to reproduce or exploit the released documents without the agreement of the originator,
who may hold an intellectual property right on them. The European Commission does not
assume any responsibility from their reuse.
Finally, the following documents contains information of ongoing international
negotiations:
1. Ares(2022)3979173 - Briefing Microsoft Trade and technology council,
and 23.
Ares(2022)2022751 Microsoft 17.03 Trade and technology council
The disclosure of documents concerning the EU-US Trade and Technology Council
would undermine the protection of the public interests as regards international relations.
It is therefore prevented by the exception laid down in Article 4(1), third indent of
regulation (EC) 1049/2001.
Article 4(1)(a), third indent, of Regulation (EC) No 1049/2001 provides that the
'institutions shall refuse access to a document where disclosure would undermine the
protection of […] the public interest as regards […] international relations […]'.
The above mentioned documents that fall under the scope of your request discloses the
EU’s position on the Trade and Technology Council, as well as the overall strategies and
aims for the Trade and Technology Council. These documents was drafted for internal
use of the Commission.
There is a concrete risk that the public disclosure of documents on this would affect the
mutual trust between the EU and the US and thus undercut their relations. It should be
noted that the way in which the authorities of a third country perceive the decisions of the
European Union is a component of the relations established with that third country. The
quality of our relations with third countries depend on that perception.
As per settled case-law, ‘disclosure by the Union, to the public, of its own negotiating
positions, when the negotiating positions of the other parties remain secret, could, in
practice, have a negative effect on the negotiating capacity of the Union1. Disclosure of
the documents could undermine the room for negotiation needed by the European Union
and its Member States to conclude those negotiations2.
Against this background, we consider that public disclosure of such documents would
negatively affect both the ability of the European Commission to establish and maintain
1 Judgment of 19 March 2013 in Case T-301/10, In 't Veld v Commission, EU:T:2013:135, paragraph 125.
2 See also Judgment of 25 April 2007, WWF European Policy Programme v Council of the European
Union, T-264/04, EU:T:2007:114, paragraph 41.
3
efficient and trust-based negotiating relations with the United States in the context of the
Trade and Technology Council and to effectively defend EU interests in the context of
the ongoing discussions within the Trade and Technology Council. We consider that risk
as reasonably foreseeable and non-hypothetical, as it would reveal the institution's
approaches and preferences, as well as political analysis, thus weakening its negotiation
position towards its United States counterparts.
We have also examined the possibility of granting partial access in accordance with
Article 4(6) of Regulation (EC) No 1049/2001. However, no meaningful partial access is
possible once all parts of the document protected by Article 4(1)(a), third indent
(protection of international relations) are redacted.
Ares(2022)3979173 - Briefing
Microsoft Steering brief_Redacted also contains information about discussions in the
Trade and technology Council that are covered by this exception. However, partial access
to this document is granted.
Please note that this list also includes documents that were drawn up for internal use
under the responsibility of the relevant services of the European Commission. They
reflect solely the author's interpretation of the interventions made and do not set out any
official position of the third parties to which the document refers, which was not
consulted on its content. It does not reflect the position of the Commission and cannot be
quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit a confirmatory application requesting
the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon
receipt of this letter to the Secretariat-General of the Commission at the following
address:European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Elisa Roller
Director
Enclosure:
disclosed documents
4
Electronically signed on 06/07/2022 11:02 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121