Reports

There is mounting concern that dark commercial patterns may cause substantial consumer detriment. These practices are commonly found in online user interfaces and steer, deceive, coerce, or manipulate consumers into making choices that often are not in their best interests. This report proposes a working definition of dark commercial patterns, sets out evidence of their prevalence, effectiveness and harms, and identifies possible policy and enforcement responses to assist consumer policy makers and authorities in addressing them. It also documents possible approaches that consumers and businesses may take to mitigate dark commercial patterns.

The communication sector is undergoing high-paced developments driven by the digital transformation of our economies and societies. Technological convergence has led to an evolving competitive landscape and new challenges arise around privacy and security concerns. Communication regulators are increasingly acknowledging the positive and negative effects of communication infrastructures and services on the environment. Moreover, there is a growing need to ensure the resilience of networks, stemming partially from the effects of climate change. In consequence, the key question for OECD policymakers is no longer whether regulatory structures need to change, but rather how. This report explores the critical role communication regulators play in an increasingly connected society. It identifies the challenges stemming from the digital transformation of our societies, the main policy objectives pursued by communication regulators, measures to address current and future challenges, as well as the importance of strengthening the capabilities of communication regulators of the future.

The price regulation conducted by economic regulators is a high-stakes process, with significant and lasting impacts on current and future service quality and the overall performance of the regulated sector. This report tracks the efforts of the economic regulator of the Scottish water sector to make the results of its price-setting process work better for the customers of today and tomorrow, addressing issues such as customer engagement, sustainable asset management and climate change. Based on the results of a multi-year peer review, it analyses the process and outputs of the price setting process. It also sets out recommendations to help parties strengthen the resilience and stability of the regulatory framework while not losing sight of strategic vision and objectives.

Regulatory reforms have long been a focus for Southeast Asian nations, often as a way to improve the business climate and policy frameworks for trade and investment. The recent COVID-19 pandemic has spurred countries around the world to review and update their regulatory policies to respond to the current crisis and prepare for the next one. This publication presents a snapshot of the current state of regulatory reform across the region, with country profiles from all 10 Member States of the Association of Southeast Asian Nations (ASEAN) highlighting practices in three priority areas: whole-of-government initiatives, good regulatory practices, and use of digital technologies. It also offers an analysis of common themes identified across the profiles, including trends in regulatory reform, common challenges faced by countries, and future priorities in the region. It was developed in collaboration with the members of the ASEAN-OECD Good Regulatory Practices Network, and key regional partners including the ASEAN Secretariat and the Economic Research Institute for ASEAN and East Asia (ERIA).

Eastern Caribbean countries enjoy rich natural endowments and have achieved significant economic development. Throughout the last decades, they have also been confronted with a number of rising economic, social and environmental challenges. To help them tackle these, and accelerate their development, the Organisation of Eastern Caribbean States (OECS) and the OECD have jointly designed a regional strategy scorecard, which is at the heart of the Development Strategy Assessment of the Eastern Caribbean. The scorecard will help policy makers set priorities for the implementation of the OECS Development Strategy. Stronger resilience and capacity are the major guideposts towards both economic growth and social progress. The region can make much more of its green potential, with power generation topping the list. Improving regulation and reducing red tape can foster new, homegrown economic dynamism. Tourism, digital services and the sustainable ocean economy also offer untapped potential. Closing the skills gap, enhancing the quality of education and improving social protection are essential. Finally, as a red thread throughout, deeper regional integration would make it easier for OECS countries to pool resources in a range of areas, radically increasing the region’s potential for efficient governance, and accelerating the development of its human resources.

Regulatory policy today is still grounded in principles and tools designed a few decades ago, but the context has changed significantly. To determine whether the current framework can help countries meet the challenges of contemporary societies, the OECD launched the Regulatory Policy 2.0 project. This report sets out the results from the second phase of the project, which included an exercise to map beliefs around better regulation. The exercise, involving government officials and regulatory experts, has identified four internally coherent belief systems about what better regulation is today, which core aims it should have, and where it should go in the future. Based on this analysis, the report provides empirical evidence and implications for the future direction of regulatory policy.

Economic regulators are key to the performance of network sectors such as energy, e-communications, transport and water. They regulate and supervise to ensure sectors that can efficiently deliver essential services for the benefit of society. Operating from a unique position in relation to consumers, operators and government, they provide evidence-based and objective decision making that can build trust in the regulatory system and public institutions. A crucial factor in their ability to do this is their governance, including how they are resourced. Resourcing arrangements can make or break regulators’ effectiveness. Constraints in their funding or in their autonomy to manage resources may limit regulators’ agility or capacity to act. Where these constraints are significant, they may undermine the regulator’s ability to fulfil their mandates. This report discusses the implications of funding and staff arrangements for the autonomy, agility, accountability and transparency of regulators in the energy, e-communications, transport and water sectors. It identifies trends, challenges, opportunities and good practices, drawing upon survey responses from 57 economic regulators across 31 countries.

Good governance is a building block for the performance of regulators, including civil aviation authorities. This paper reports the results of a mapping of governance arrangements across 29 civil aviation authorities in Latin American and Caribbean countries, with the International Civil Aviation Organization’s South American and North American, Central American and Caribbean regions. Applying the methodology of the OECD Indicators on the Governance of Sector Regulators, the results provide a birds-eye view of the independence, accountability and scope of action of participating authorities. This paper explains the indicator methodology, summarises key data points, and presents high-level take aways.

This working paper presents two case studies of agile regulatory governance focusing, respectively, on civilian drones and bio-solutions (i.e. the use of renewable bio-resources for industrial scale production, for example with a view to creating alternatives to petro-based and chemical products). Each of the case studies looks at the main transformative impacts of the innovations at hand as well as the associated regulatory challenges and responses. They complement a compilation of Case Studies on the Regulatory Challenges Raised by Innovation and the Regulatory Responses developed jointly between the OECD and the Korean Development Institute (2021) and provide further evidence to support the implementation of the OECD Recommendation for Agile Regulatory Governance to Harness Innovation.