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AIG Newsletter 8 December 2025

Advertising Information Group-Newsletter

Lesedauer: 5 Minuten

CONTENT:

NEWS
DATES FOR YOUR DIARY

NEWS

In this week's edition: Executive Vice-President Virkkunen presents the long-awaited Digital Package to the EP. In the EP, IMCO's INI report and the amendments to the CULT INI report is formally adopted, revealing a regulatory focus on advertising and commercial practices targeting minors. IMCO receives a progress update on the enforcement and implementation of the AI Act and presentation on the Digital Omnibus. The CJEU rules that marketplace operators are responsible for personal data contained in advertisements. The EC launches a Call for Evidence on the evaluation and possible review of the AVMSD. Lastly, the decision to pause a key part of the AI Act may cause more uncertainty rather than clarity.

EVP VIRKKUNEN PRESENTS DIGITAL PACKAGE TO EP

On 25 November, during the EP plenary in Strasbourg, EVP Virkkunen presented the Digital Package, which included proposals such as the Data Union Strategy and the Digital Omnibus – aimed at reducing administrative burdens for SMEs and streamlining overlapping AI, data and cybersecurity rules. MEPs from the EPP, Renew and ECR supported simplification to enhance competitiveness whilst preserving data protection. However, S&D MEPs cautioned that reopening recently agreed legislation without an impact assessment could weaken core data protection rules and signal a shift towards deregulation driven by US pressure.

MINOR PROTECTION ONLINE REMAINS TOP PRIORITY FOR EP

On 26 November, the EP adopted the non-legislative IMCO INI report on the protection of minors online, with MEPs urging the EC to introduce more stringent measures against the manipulative design of social media platforms which posed risks to children's mental health. MEPs proposed a minimum access age of 16 for social media and AI companions, though access for 13-to-16-year-olds could be granted with parental consent, and also called for an EU-wide age verification system, liability for senior managers in cases of severe breaches, and a ban on harmful addictive designs.

Moreover, proposed amendments to the CULT INI report on the Impact of social media and the online environment on young people focused on regulating advertising and commercial practices targeting minors, stressing the need for full transparency in influencer advertising, proposing a ban on behavioural advertising to minors and the micro-targeting of ads exploiting body image vulnerabilities. Amendments also raised specific concern over commercial practices that encouraged overconsumption and online games incorporating paid purchase systems.

AI ACT: EP IMCO GETS UPDATE ON IMPLEMENTATION & ENFORCEMENT

On 3 December, Brando Benifei, Co-Chair of the Working Group on the Implementation and Enforcement of the AI Act, updated the IMCO Committee on recent meetings, explaining that the AI Office had presented key challenges including the lack of harmonised standards for high-risk systems, regulatory complexity arising from overlaps between various acts (AI Act, GDPR, and DSA), and resource limitations facing national authorities. The AI Office clarified that the Digital Omnibus would introduce targeted modifications to address these issues without changing the AI Act's core framework, with a template currently being developed for 2026.

EC PRESENTS THE DIGITAL OMNIBUS TO EP IMCO

On 3 December, the EC presented the Digital Omnibus to the IMCO Committee as a targeted simplification package intended to streamline digital and AI rules without weakening privacy or fundamental rights. It also aimed to reduce administrative burdens, clarify the application of the GDPR, align AI Act deadlines with available standards, and update cookie provisions. Political reactions varied, with the EPP welcoming clearer and more workable obligations, the S&D raising concerns over risk classification and data safeguards, the ECR arguing for deeper simplification and opposing an EU-level reporting mechanism. The EC concluded by reiterating that the GDPR would remain unchanged and that the reforms were based on EU assessments designed to enhance clarity and competitiveness.

MARKETPLACE OPERATORS ARE RESPONSIBLE FOR PERSONAL DATA

On 3 December, the CJEU ruled in Case C-492/23 that the operator of an online marketplace was responsible under the GDPR for the personal data contained in advertisements published on its platform. The operator had been required, before publication, to identify advertisements containing sensitive data and to verify that the advertiser was the person whose data appeared in the ad or had obtained that person’s explicit consent. The Court confirmed that the operator had been a “controller” because the advertisements had become accessible only through its platform, and it had also been required to take measures to prevent ads containing sensitive data from being copied and unlawfully published on other websites.

EC LAUNCHES CALL FOR EVIDENCE TO REVIEW THE AVMSD

On 23 November, the EC launched a Call for Evidence for the evaluation and possible review of the Audiovisual Media Services Directive (AVMSD). The EC will evaluate the Directive’s effectiveness, efficiency, relevance, added value and coherence. It is considering three main options: maintaining the status quo, making targeted amendments (including clarifying the scope for influencers, revising prominence and advertising rules, and strengthening protections for viewers), or undertaking a full transformation into a broader EU content framework. The deadline for response is 21 December.

MOVE TO HELP EU WIN AI RACE MISFIRES (POLITICO)

The EU agreed to pause a key part of its landmark AI Act after industry pressure, but this decision was widely seen as creating significant legal uncertainty rather than clarity. Although the move was presented as helping the EU remain competitive in the AI race, advisers and industry figures warned that it risked throwing businesses into “regulatory chaos”, as the original August 2026 deadline technically remained in place until the law was formally amended by both the EP and the Council. Fears grew that this process would not be completed in time, potentially causing the original rules to apply briefly before being replaced.