As the better regulation agenda gains renewed focus in the EU, this paper explores how regulation-making can be improved by drawing on insights from the field of digital policy. This paper first examines some features of the regulation-making process where possible improvements can be identified. The paper then examines how to improve regulation-making with regards to the economic consequences, including for Europe’s economic competitiveness. In doing so it examines examples where more could potentially have been done to assess the economic implications of digital policy regulation-making. The paper also considers how regulation-making could be improved to reduce unintended negative social consequences and to manage social-tradeoffs more successfully. It considers examples in digital policy where unintended negative social consequences may arise, including for fundamental rights, democracy, and social resilience. The paper concludes with a set of recommendations for consideration by policymakers that may help to improve regulation-making in the EU.

Any viewpoints that may be expressed in this paper solely belong to the author and do not necessarily reflect those of other participants in this project or the project’s sponsor.

This paper is published as part of a project which brings together think tanks from across the EU to explore some of the key themes relating to European digital policy. Apple provided financial support to help bring these think tanks together.