AIG Newsletter 27 June 2022

AIG EXCHANGE

AIG Exchange held 23 June  

Last week, the Advertising Information Group (AIG) met to discuss EU legislative proposals impacting advertising. The group updated on current proposals which look to restrict targeted advertising through the DSA and the Artificial Intelligence Act, and discussed what collective actions it could take. The group also focused on the Commission’s proposal to regulate political advertising, as well as EU consultations on food advertising and packaging. The AIG will continue to monitor these issues and engage with European policymakers.

POLITICAL ADVERTISING

General Affairs Council debate on political advertising 

On 21 June, the General Affairs Council held a debate on the Regulation on transparency and targeting of political advertising. The French Presidency noted that the regulation was a part of elections package that must be adopted before the 2024 European elections. EUMS supported the principle of increasing the transparency of political advertising, the framing of targeting and amplification techniques and the importance of data protection.  

The Council had reportedly made progress on the first three chapters of the regulation. Compromises focused on chapters one and two, with the aim to guarantee freedom of expression and strengthened control mechanisms during elections. Some EUMS wanted more time to discuss at the technical level. The French Presidency noted it would be necessary to look at Article 12 further on how to strengthen transparency and techniques for targeting. The aim was to agree a proportionate solution which did not undermine democracy. 

The Commission believed that citizens found it difficult to distinguish between paid and unpaid content. It  added that the regulation should ensure that citizens are better protected against manipulation based on the misuse of data or against non-transparent targeting techniques. The work on the file would now continue under the Czech Presidency.

DIGITAL

IMCO MEPs and COREPER endorse the provisional agreement on the DSA 

On 15 June, the COREPER adopted the provisionally reached an agreement with the EP on the DSA. The next day, the IMCO Committee endorsed the text.   

The DSA, together with the DMA, would be put for a final vote in Parliament in July, before it was formally adopted by Council and published in the EU Official Journal. The DSA will start to apply 15 months later or from 1 January 2024, whichever is later. For very large online platforms (VLOPs) and very large online search engines (VLOSEs), it will apply 4 months after their designation.

DISINFORMATION

Commission welcomes the strengthened code of practice on disinformation 

On 3 June, the Telecommunications council met in Luxembourg to discuss the progress report on the Data Act. The objectives of the proposal include fostering access to and the use of data, as well ensuring that the value of data is spread across different actors in the data economy. 

Work on the file started in March. The French Presidency has worked to advance the discussions, having completed the first reading of the proposal. The main issues identified relate to scope, the Internet of Things (IoT), the sharing of data between the private and public sector, and the interaction with sectoral legislation. EUMS shared comments on issues such as the secure sharing of data, data users’ rights and the strengthening of IP safeguards. The proposal was expected to advance during the incoming Czech presidency.

DATA

EU ministers discuss international transfers of personal data 

On 9 June, the Justice and Home Affairs Council took place in Luxembourg, where EU Ministers discussed data protection in the context of international transfers of personal data. The discussion was based on the paper prepared by the French Presidency.

Back in March, the EU and the US announced that an agreement ‘in principle’ had been reached on a new framework for transatlantic data flows, which would replace the invalidated Privacy Shield deal. During the Justice Council, the Commission updated on discussions with the US regarding the regulatory reforms needed to adopt a new adequacy decision for the transfer of personal data.

Ministers had stressed the importance of adopting a robust framework that respects the existing rulings of the CJEU, whilst providing businesses with the legal certainty they need. Ministers also discussed the need for a coherent and ambitious European policy, given that such transfers have become a major strategic challenge in several key areas of public policy.

DATES FOR YOUR DIARY

30 June: Child Safety Online Conference.  

20 July: AIG Exchange (TBC). 

6 September: The EU Artificial Intelligence Act: potential impact beyond high-risk applications Event.  

14 September: Annual Data Privacy Conference.

20 September: EU Cybersecurity and Resilience Conference. 

21 September: The Digital Marketing Exposition & Conference.