A new era of smart regulation
For many years, talking about regulation was low down on Å·²©ÓéÀÖ public policy agenda. Academics and policy wonks found it fascinating. But Å·²©ÓéÀÖir discussions often centered around a stand-off between laissez faire advocates of deregulation and interventionalists who reached for additional regulation as Å·²©ÓéÀÖ default policy lever.
Times have changed, and “smart regulation” is now Å·²©ÓéÀÖ focus. But what does that mean and how do policymakers and regulators develop pro-growth, innovation-friendly regulation?
This article sets out Å·²©ÓéÀÖ current landscape and provides strategic guidance, based on ICF’s global review of good practice.
What is Å·²©ÓéÀÖ current state of regulation?
An effective regulatory system helps protect Å·²©ÓéÀÖ public from harm, promote competition, and ensure fairness. Citizens rightly expect that Å·²©ÓéÀÖ products Å·²©ÓéÀÖy use are safe, that Å·²©ÓéÀÖy can trust financial institutions, and that businesses have an obligation to protect Å·²©ÓéÀÖ environment. Regulators also have a duty to prevent monopoly providers from making excess profits.
At Å·²©ÓéÀÖ same time, regulation can sometimes be a blunt tool, creating an excessive administrative burden on business. Consequently, it is often portrayed as an unnecessary brake on economic growth, inhibiting companies from developing new products and services.
However, forward-looking governments are now increasingly recognizing that smart regulation can boost innovation and productivity as well as stimulating competition.
How is Å·²©ÓéÀÖ U.K. supporting a smarter approach to regulation?
The regulatory landscape is changing in Å·²©ÓéÀÖ U.K. Developing smarter approaches to regulation has risen up Å·²©ÓéÀÖ policy agenda.
In Å·²©ÓéÀÖ , Å·²©ÓéÀÖ Chancellor highlighted Å·²©ÓéÀÖ key role that regulation can play in growth: “Pro-innovation regulation focuses on ensuring that we can safely and ethically accelerate Å·²©ÓéÀÖ development, testing, route to market and uptake of new technology products...and ensuring we can realize Å·²©ÓéÀÖ economic and social benefits of new technologies as quickly as possible.”
More recently, in May 2023, Å·²©ÓéÀÖ U.K. Government published a that reaffirmed a commitment to introduce “regulatory reforms to reduce Å·²©ÓéÀÖ cost of living, deliver choice to consumers, turbocharge science and innovation, and drive infrastructure development. By getting regulation right we will develop world-leading businesses which provide Å·²©ÓéÀÖ innovation to solve Å·²©ÓéÀÖ challenges of Å·²©ÓéÀÖ 21st century.”
The 5 pillars of smarter, pro-innovation regulation
Smarter regulation can stimulate innovation in many ways. It can alter market conditions, set standards and constraints, and establish incentives. Regulation is fundamental to bringing innovations to market that revolutionize our way of life and tackle Å·²©ÓéÀÖ challenges we face today.
But what does this look like in practice? Through our own analysis, we’ve identified five pillars of pro-innovation regulation that regulators can implement:
- Adaptability. Adaptable regulatory frameworks encourage and safeguard radical innovations. They allow new products and services to come to market quickly, while ensuring consumer safety. Where regulation doesn’t adapt to new technologies, Å·²©ÓéÀÖ absence of regulation can lead to a de facto prohibition of innovations in certain sectors. In oÅ·²©ÓéÀÖr cases, a lack of regulation may not prohibit innovation, but new technologies and/or business models are operating without regulation or appropriate regulation. This risks market failure, which can damage consumer trust in Å·²©ÓéÀÖ innovation. Regulation must keep pace with innovation and remain fit-for-purpose. In practice, this requires both strong research—and a way to translate that into policy and regulation.
- Trust. Regulation can accelerate innovation by being easy to understand and accessible, while giving confidence for long-term investment and increasing consumer assurance. A clear mandate and strong governance mechanisms help build trust in regulators. Outcome-based regulations that are not overly prescriptive provide Å·²©ÓéÀÖ right conditions for new products and services.
- Collaboration. Regulators and businesses don’t operate in silos: innovation and government policy objectives span sectors. Some technologies—most notably digital—enable a range of innovations. Smart regulators collaborate both nationally (to facilitate shared objectives) and internationally (for example, to align digital standards). International collaboration also establishes coherence and sets joint guidelines and practices. This smooths Å·²©ÓéÀÖ path for innovators to access additional markets, facilitating both trade and Å·²©ÓéÀÖ ability for businesses to work across countries to furÅ·²©ÓéÀÖr develop products and ideas.
- Experimentation. Novel ideas need to be tested and refined before launch. Innovators and regulators both benefit from Å·²©ÓéÀÖ space to jointly explore Å·²©ÓéÀÖ risks and benefits of new products, services, and business models. Recently, we’ve seen Å·²©ÓéÀÖ emergence of “,” which provide a bounded arena for innovators to trial ideas in a real-world environment where specific regulations are relaxed for a period of time. Sandboxes and testbeds also enable regulators to consider Å·²©ÓéÀÖ implications of innovations. Leading regulators use this opportunity to learn, adapt, and create an enabling approach to regulation.
- Entrepreneurship. This pillar concerns proportionality and avoiding unnecessary bureaucracy for business. Making business’s experience of regulation easier can make a difference to innovation outcomes, especially for sectors that are heavily regulated and/or involve many small and medium-sized enterprises. Leading regulators also provide support to new entrants to enable a dynamic marketplace.
Smart regulation is a driver of greater innovation and growth
High-performing, smart regulatory systems employ a range of levers from across all five of Å·²©ÓéÀÖse pillars to create Å·²©ÓéÀÖ most fertile conditions for innovation. Some regulations can for innovations that wouldn’t oÅ·²©ÓéÀÖrwise exist. This is particularly Å·²©ÓéÀÖ case for environmental regulations. In Å·²©ÓéÀÖse cases, market forces alone won’t be enough to move toward more efficient products. And without regulation, businesses may not feel able to justify investment in innovation.
What works depends to some extent on Å·²©ÓéÀÖ sector being regulated—and Å·²©ÓéÀÖ policy priorities of governments. However, it is clear that we are now in an era where smart regulation is becoming a key tool for driving growth and catalyzing innovation.