AIG Newsletter 7 March 2022

DIGITAL

DSA trilogue negotiations continue 

On 28 February, EP Rapporteur Christel Schaldemose (S&D) updated the IMCO Committee on the progress of the DSA trilogue negotiations. The second DSA trilogue took place on 15 February. On the agenda were SME waivers, enforcement, and obligations for online marketplaces. Whilst targeted advertising was not the focus of the most recent DSA trilogue, it remains a controversial issue within the DSA and the business model of Big Tech continues to be attacked in the media. Schaldemose noted that the EU institutions share the same objectives, but that progress was slow; no compromises or agreements were found. 

The next trilogue is scheduled for 15 March and will explore the use of algorithms, targeted ads and exceptions for SMEs.

NGO’s push for restrictions on targeted advertising

A total of seventy-two organisations, including EDRi, Civil Liberties for Europe, Amnesty International, Access Now, have written an open-letter to call on EUMS to limit targeted advertising through the DSA with a ban of the use of sensitive data for targeted advertising, as well as a ban on dark patterns.

The Civil Liberties Union For Europe also had an op-ed placed in Euractiv which called for a ban on targeted advertising, stating that the “mass data harvesting that sustains targeted advertising is a clear violation of people’s privacy”.

S&D MEPs discuss artificial intelligence and digital literacy with experts

On 2 March, an S&D webinar took place to discuss AI and Digital Literacy, as part of a series that aims to discuss various aspects of the future of AI in Europe. The event was an opportunity to discuss steps to help ensure that all EU citizens can achieve at least the basic digital skills needed to understand the opportunities and risks of digital technology. Brando Benifei (S&D), co-rapporteur of the AIDA Committee’s report on AI in a Digital Age, stressed it was necessary to close the gap in digital literacy inside the EU with training on AI and algorithms.

DATA

Commission publishes the Data Act 

On 23 February, the Commission published the Data Act, proposing new rules on who can use and access data generated in the EU. Following the Data Governance Act, the Data Act is the second main legislative initiative resulting from the European strategy for data, which aims to make the EU a leader in our data-driven society. The proposal includes measures which allow users of connected devices to gain access to data generated by them, as well as measures to rebalance negotiation power for SMEs by preventing abuse of contractual imbalances in data sharing contracts.  

IAB Europe Files Appeal Against Belgian DPA Decision  

IAB Europe has announced that it will appeal the Belgian Data Protection Authority’s (APD) privacy ruling. This relates to the APD’s investigation of the Transparency & Consent Framework (TCF). Further information is available here.

INFLUENCER MARKETING

New study on the impact of influencers on advertising and consumer protection

On 16 February, the EP published a study requested by the IMCO Committee on the impact of influencers on advertising and consumer protection in the Single Market. The study provides a definition of an influencer, details the key features which make someone an influencer and states that influencer marketing can have a negative impact on consumers, including vulnerable consumers such as children and teenagers. The authors recommended expanding existing consumer protection legislation, supporting national authorities in monitoring influencer marketing activity, and improving the enforcement of consumer rights.

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DATES FOR YOUR DIARY 

10 March: AIG Exchange, 3-4pm CET.

15 March: Mind the Gap: Empowering Europe through Connectivity, DIGITALEUROPE

15 March: High-growth Technology Business Forum: growth financing, European Patent Office

16 March: The trade and digital diplomacy nexus: markets, connectivity and technology, Friends of Europe

21 March: Should the Digital Markets Act include interoperability obligations for platform services of digital gatekeepers?, Centre on Regulation in Europe (CERRE)

22 March: What will Europe’s digital economy look like after the Digital Services Act?, EURACTIV