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©Inline Policy
Politics, Policy and Regulation
HOW THEY HELP OR RUIN THE TECH ENTREPRENEUR
Olaf Cramme, Managing Partner
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Why does public policy matter?
From healthTech and unmanned aviation to the on-demand or sharing economy, tech entrepreneurs
face a number of critical questions:
1. What kind of regulatory environment is most conducive to the development of innovative products and
services?
2. How far can you push the boundaries when operating outside established policy frameworks?
3. To what extent can or should Government support the development of technological innovations? What
are the opportunities; what are the risks?
4. What role does politics play in the process of innovations and how is this affected by public opinion?
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Tech innovations: the basic role of Government
Drive and apply innovative
applications within the public
sector/in partnership with the private
sector, using joint research, trials,
testbeds and procurement processes.
Mitigate the emerging risks and
respond to the public concerns, as
well as expectations, that tech
innovations generate.
Create the legal framework, policies
and institutions that stimulate tech
innovations in the private sector.
The world’s most innovative
countries - a mere coincidence?
1 South Korea
2 Sweden
3 Singapore
4 Germany
5 Switzerland
6 Japan
7 Finland
8 Denmark
9 France
10 Israel
Source: Bloomberg’s Innovation Index, 2018
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Tech rules beyond the nation state
EUROPEAN UNION
• Digital Single Market agenda
(2015-2020)
• Far-reaching regulations on data
protection (GDPR) and ePrivacy
• Significant interventions affecting
online platforms
• Policy frameworks for emerging
technologies (IoT, AI, UAVs)
GLOBAL
• Standard-setting bodies bringing
together industry and national
regulators
• UN-sponsored agencies and
working groups defining shared
policies and technical regulations
• Development of principles and
norms through respected
international institutions
Most relevant where tech innovations
‘disrupt’ traditional sectors
Set to influence tech innovations
regardless of Brexit
6
The regulation conundrum
At what point is it sensible
for Government to intervene
and/or regulate tech
innovations?
Do new technologies
inevitably end up being
regulated under old,
outdated policy frameworks
and instruments?
Are services/platforms
proving harder to regulate
than physical components?
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The risk of ‘bad’ regulation
CASE STUDY
THE FUTURE OF DRONES
• Fast-moving market with new models
of drones and drone applications
constantly emerging.
• Huge innovation capacity:
autonomous drones (BVLOS); taxi
drones; delivery drones.
• Standards and rules being developed
at local, national & international level,
often in conflict with each other.
• Risk of curtailing certain use cases in
order to integrate drones into an
increasingly congested airspace.
• Challenge to achieve policy goals
while remaining (drone) technology-
neutral.
New regulation that is insufficiently ‘future-proofed’ and
therefore prone to frequent alterations
Conflicting set of sectoral rules between (new) digital
and (old) analogue
Misguided standard-setting that inhibits continuous
innovation in a particular area
Government interventions that skew the market towards a
single model or one type of application
Government can find tech innovations difficult to handle…
8
Mismatch of knowledge
and technical/commercial
expertise
(asymmetric information
challenge)
Differences in operating
speed and decision-
making processes
Concerns about a
potential conflict
between
public and private
interests
Difficulty of putting
a ‘value’ – monetary,
societal, environmental – on
tech innovations
Possible clash with
short-term time horizons
driven by the
electoral cycle
Risk of falling between
administrative lines
and capacities
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…but there are many interested parties in Government…
Plus many others: sector
departments, executive agencies, etc.
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…that have a number of tools and levers at their disposal
Early Intervention Market Framing Adoption & Integration
Catalyst
Analyse value chains and market
potential to identify technologies that
present opportunities
Regulator
Ensure regulation is sufficiently agile
and permissive
Intelligent Customer
Develop an innovation-friendly
procurement framework
Innovation Facilitator
Create test beds for developers to try
out applications in real-world settings
Standard Setter
Use insights from “living labs” to set
UK standards capable of influencing
global standards
Platform Provider
Scale up deployment of proven
technologies in national infrastructure
and public services
Skills Planner
Prepare for growing demand for
workers with technical skills and
mitigate impact of new tech
Fiscal Incentiviser
Deploy financial and other mechanisms
to stimulate innovation and market
growth
Source: Technology and Innovation Futures 2017, Government Office for Science
11
Regulatory innovation in action:
the Financial Conduct Authority
Trialling a regulatory “sandbox” approach, allowing
firms to test innovative products, services and
business models in a live market environment, while
ensuring that appropriate safeguards are in place.
Results from the first year of the trial, Regulatory
Lessons Learned Report, FCA, October 2017
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Tech innovations increasingly adopted with
support of local authorities…
• Different local authorities have different responsibilities and
priorities.
• Funding for local authorities has fallen by 49.1% in real terms since
2010/11 and is set to fall further, posing serious public service delivery
challenges.
• Consequently, there is a trend toward consolidation of services and
adoption of innovations where efficiencies can be found.
• Beware of committees and "quasi-judicial" functions (e.g. licensing and
planning committees).
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…but considerable divergences in
performance and perception persist
• Big discrepancies between local authority leadership and public
perspective on adopting new technologies.
• Local authorities are increasingly looking for public facing solutions to
close the ‘perception gap’ and follow an open data agenda.
Bristol City Council vs Hammersmith & Fulham Borough Council
Mayor of Bristol a vocal advocate and champion Cabinet member not supportive of initial launch
Launched 300 bikes in strategic locations Initial 400 bikes removed from public paths
Operators received endorsement after 6 months Council used Highways Act 1980 (!) to remove bikes
Increased fleet number in city and suburban areas Council now in consultation with operators
Case Study: Dockless Bike-Sharing
14
The politics of innovations
WHICH BENEFITS TEND TO RESONATE STRONGLY WITH POLITICIANS?
• Number and quality of jobs; economic growth; productivity gains
• Social purpose / community value
• International leadership and prestige
WHAT REAL OR PERCEIVED RISKS ARE MOST LIKELY TO CREATE A POLITICAL BACKLASH?
• Safety and security (particularly when it comes to children)
• Privacy and ethical concerns (e.g. commercialisation of public goods)
• Exacerbating inequalities; entrenching social disadvantage
• Undermining democratic principles
15
A UK success story?
15
• Widespread concern about the
implications of IVF treatment.
• In 1982, UK government formed a
committee to look into the issues and
conducted a wide-ranging public
consultation.
• White paper: Human Fertilisation and
Embryology: A Framework for
Legislation.
• Human Fertilisation and Embryology
Act 1990, establishing a respected
Authority.
• UK now a leader in embryonic research
– backed by political consensus, unlike
in many other European countries.
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The backlash: when politics strike back
16
• Industry grown exponentially since the
arrival of Airbnb and the popularisation
of the sharing economy.
• Legalised in London, without need for
planning permission (Deregulation Bill,
2015).
• But increasingly blamed for housing
shortages and disrupting
neighbourhoods.
• Polarised debate already leading to
punitive measures in cities such as
Amsterdam, Palma de Mallorca and
Barcelona.
• Will there be similar repercussions in the
UK too?
In a number of countries around the world, local
authorities have started to push back against the
widespread use of digital platforms that provide private
short-term rental accommodation.
17
Innovations and public concerns
PRIMARY FACTORS INFLUENCING
PUBLIC OPINION
• The level of technological
obscurity
• The level of trust in the
producers and/or the users of the
technology
• The perceived (societal) value of
the technology
Source: ITIF, The Privacy Cycle, A Guide to Public
Fears About New Technologies, Sept 2015
18
The current state of public perceptions?
Behavioural
advertising
Identity recognition
E-Health
Gene sequencing
Sharing economy
Artificial intelligence
Internet of Things
Robotics and
automation
Driverless vehicles
LevelofPublicConcern
Maturity of Innovation
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Gradually developing alongside proportionate regulation – not in opposition to it,
totally outside of it or in complete subjugation
When or how do tech innovations succeed?
Looking at purposeful applications in both the private and the public sectors (where
possible)
Identifying positive trends in public perception that can be embraced and
appropriated
Having advocates in Government who recognise the opportunities and understand the
actual (as opposed to merely perceived) risks
Benefitting from regulatory flexibility that facilitates early stage experimentation outside
established and inappropriate frameworks
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Thank you!
IF YOU WOULD LIKE TO DISCUSS THIS FURTHER, PLEASE GET IN TOUCH
Olaf Cramme
(e) olaf.cramme@inlinepolicy.com
@olafcramme
For more information on how innovative companies can navigate policy and regulation,
visit www.inlinepolicy.com

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Politics & Regulation: How They Help or Ruin the Tech Entrepreneur

  • 1. ©Inline Policy Politics, Policy and Regulation HOW THEY HELP OR RUIN THE TECH ENTREPRENEUR Olaf Cramme, Managing Partner
  • 3. Why does public policy matter? From healthTech and unmanned aviation to the on-demand or sharing economy, tech entrepreneurs face a number of critical questions: 1. What kind of regulatory environment is most conducive to the development of innovative products and services? 2. How far can you push the boundaries when operating outside established policy frameworks? 3. To what extent can or should Government support the development of technological innovations? What are the opportunities; what are the risks? 4. What role does politics play in the process of innovations and how is this affected by public opinion? 3
  • 4. 4 Tech innovations: the basic role of Government Drive and apply innovative applications within the public sector/in partnership with the private sector, using joint research, trials, testbeds and procurement processes. Mitigate the emerging risks and respond to the public concerns, as well as expectations, that tech innovations generate. Create the legal framework, policies and institutions that stimulate tech innovations in the private sector. The world’s most innovative countries - a mere coincidence? 1 South Korea 2 Sweden 3 Singapore 4 Germany 5 Switzerland 6 Japan 7 Finland 8 Denmark 9 France 10 Israel Source: Bloomberg’s Innovation Index, 2018 3
  • 5. 5 Tech rules beyond the nation state EUROPEAN UNION • Digital Single Market agenda (2015-2020) • Far-reaching regulations on data protection (GDPR) and ePrivacy • Significant interventions affecting online platforms • Policy frameworks for emerging technologies (IoT, AI, UAVs) GLOBAL • Standard-setting bodies bringing together industry and national regulators • UN-sponsored agencies and working groups defining shared policies and technical regulations • Development of principles and norms through respected international institutions Most relevant where tech innovations ‘disrupt’ traditional sectors Set to influence tech innovations regardless of Brexit
  • 6. 6 The regulation conundrum At what point is it sensible for Government to intervene and/or regulate tech innovations? Do new technologies inevitably end up being regulated under old, outdated policy frameworks and instruments? Are services/platforms proving harder to regulate than physical components?
  • 7. 7 The risk of ‘bad’ regulation CASE STUDY THE FUTURE OF DRONES • Fast-moving market with new models of drones and drone applications constantly emerging. • Huge innovation capacity: autonomous drones (BVLOS); taxi drones; delivery drones. • Standards and rules being developed at local, national & international level, often in conflict with each other. • Risk of curtailing certain use cases in order to integrate drones into an increasingly congested airspace. • Challenge to achieve policy goals while remaining (drone) technology- neutral. New regulation that is insufficiently ‘future-proofed’ and therefore prone to frequent alterations Conflicting set of sectoral rules between (new) digital and (old) analogue Misguided standard-setting that inhibits continuous innovation in a particular area Government interventions that skew the market towards a single model or one type of application
  • 8. Government can find tech innovations difficult to handle… 8 Mismatch of knowledge and technical/commercial expertise (asymmetric information challenge) Differences in operating speed and decision- making processes Concerns about a potential conflict between public and private interests Difficulty of putting a ‘value’ – monetary, societal, environmental – on tech innovations Possible clash with short-term time horizons driven by the electoral cycle Risk of falling between administrative lines and capacities
  • 9. 9 …but there are many interested parties in Government… Plus many others: sector departments, executive agencies, etc.
  • 10. 10 …that have a number of tools and levers at their disposal Early Intervention Market Framing Adoption & Integration Catalyst Analyse value chains and market potential to identify technologies that present opportunities Regulator Ensure regulation is sufficiently agile and permissive Intelligent Customer Develop an innovation-friendly procurement framework Innovation Facilitator Create test beds for developers to try out applications in real-world settings Standard Setter Use insights from “living labs” to set UK standards capable of influencing global standards Platform Provider Scale up deployment of proven technologies in national infrastructure and public services Skills Planner Prepare for growing demand for workers with technical skills and mitigate impact of new tech Fiscal Incentiviser Deploy financial and other mechanisms to stimulate innovation and market growth Source: Technology and Innovation Futures 2017, Government Office for Science
  • 11. 11 Regulatory innovation in action: the Financial Conduct Authority Trialling a regulatory “sandbox” approach, allowing firms to test innovative products, services and business models in a live market environment, while ensuring that appropriate safeguards are in place. Results from the first year of the trial, Regulatory Lessons Learned Report, FCA, October 2017
  • 12. 12 Tech innovations increasingly adopted with support of local authorities… • Different local authorities have different responsibilities and priorities. • Funding for local authorities has fallen by 49.1% in real terms since 2010/11 and is set to fall further, posing serious public service delivery challenges. • Consequently, there is a trend toward consolidation of services and adoption of innovations where efficiencies can be found. • Beware of committees and "quasi-judicial" functions (e.g. licensing and planning committees).
  • 13. 13 …but considerable divergences in performance and perception persist • Big discrepancies between local authority leadership and public perspective on adopting new technologies. • Local authorities are increasingly looking for public facing solutions to close the ‘perception gap’ and follow an open data agenda. Bristol City Council vs Hammersmith & Fulham Borough Council Mayor of Bristol a vocal advocate and champion Cabinet member not supportive of initial launch Launched 300 bikes in strategic locations Initial 400 bikes removed from public paths Operators received endorsement after 6 months Council used Highways Act 1980 (!) to remove bikes Increased fleet number in city and suburban areas Council now in consultation with operators Case Study: Dockless Bike-Sharing
  • 14. 14 The politics of innovations WHICH BENEFITS TEND TO RESONATE STRONGLY WITH POLITICIANS? • Number and quality of jobs; economic growth; productivity gains • Social purpose / community value • International leadership and prestige WHAT REAL OR PERCEIVED RISKS ARE MOST LIKELY TO CREATE A POLITICAL BACKLASH? • Safety and security (particularly when it comes to children) • Privacy and ethical concerns (e.g. commercialisation of public goods) • Exacerbating inequalities; entrenching social disadvantage • Undermining democratic principles
  • 15. 15 A UK success story? 15 • Widespread concern about the implications of IVF treatment. • In 1982, UK government formed a committee to look into the issues and conducted a wide-ranging public consultation. • White paper: Human Fertilisation and Embryology: A Framework for Legislation. • Human Fertilisation and Embryology Act 1990, establishing a respected Authority. • UK now a leader in embryonic research – backed by political consensus, unlike in many other European countries.
  • 16. 16 The backlash: when politics strike back 16 • Industry grown exponentially since the arrival of Airbnb and the popularisation of the sharing economy. • Legalised in London, without need for planning permission (Deregulation Bill, 2015). • But increasingly blamed for housing shortages and disrupting neighbourhoods. • Polarised debate already leading to punitive measures in cities such as Amsterdam, Palma de Mallorca and Barcelona. • Will there be similar repercussions in the UK too? In a number of countries around the world, local authorities have started to push back against the widespread use of digital platforms that provide private short-term rental accommodation.
  • 17. 17 Innovations and public concerns PRIMARY FACTORS INFLUENCING PUBLIC OPINION • The level of technological obscurity • The level of trust in the producers and/or the users of the technology • The perceived (societal) value of the technology Source: ITIF, The Privacy Cycle, A Guide to Public Fears About New Technologies, Sept 2015
  • 18. 18 The current state of public perceptions? Behavioural advertising Identity recognition E-Health Gene sequencing Sharing economy Artificial intelligence Internet of Things Robotics and automation Driverless vehicles LevelofPublicConcern Maturity of Innovation
  • 19. 19 Gradually developing alongside proportionate regulation – not in opposition to it, totally outside of it or in complete subjugation When or how do tech innovations succeed? Looking at purposeful applications in both the private and the public sectors (where possible) Identifying positive trends in public perception that can be embraced and appropriated Having advocates in Government who recognise the opportunities and understand the actual (as opposed to merely perceived) risks Benefitting from regulatory flexibility that facilitates early stage experimentation outside established and inappropriate frameworks
  • 20. 20 Thank you! IF YOU WOULD LIKE TO DISCUSS THIS FURTHER, PLEASE GET IN TOUCH Olaf Cramme (e) olaf.cramme@inlinepolicy.com @olafcramme For more information on how innovative companies can navigate policy and regulation, visit www.inlinepolicy.com