Werbung und Marktkommunikation, Fachverband

AIG Newsletter 10 November 2025

Advertising Information Group-Newsletter

Lesedauer: 5 Minuten

CONTENT:

NEWS
DATES FOR YOUR DIARY

NEWS

In this week's edition: DG Connect hosts an AVMSD workshop in anticipation of the Directive's review. The EC formally begins work on developing a code of practice for AI transparency. News reports suggest that the EC is examining "legitimate interest" as a legal basis for training AI systems using personal data. The European Data Protection Supervisor (EDPS) publishes revised guidelines on Gen AI use. In the EP, CULT, IMCO and PETI Committees discuss protection of minors online. EU Culture Ministers make a joint declaration on media and democracy, while a new study by CCIA reveals EU consumer trends vis-à-vis online personalisation and dark patterns. Finally, a coalition of advocacy groups write to the US Federal Trade Commission urging it to stop Meta's use of chat data for adverts.

DG CONNECT AVMSD WORKSHOP

The EC has commenced developing a code of practice for marking and labelling AI-generated content to combat misinformation, in accordance with the AI Act's requirement that providers and deployers maintain transparency regarding AI system usage. Independent experts from the AI Office will draft the voluntary code over seven months, incorporating stakeholder feedback obtained through public consultation to help AI system providers and deployer to meet their transparency obligations, which come into effect in August 2026.

EC STARTS WORK ON AI TRANSPARENCY CODE OF PRACTICE

EC EYES 'LEGITIMATE INTEREST' AS LEGAL BASIS FOR AI TRAINING

According to news reports, the EC is preparing to amend the GDPR to formally recognise "legitimate interest" as the legal basis for training AI systems using personal data, with the proposal expected to be announced on 19 November as part of a package of targeted updates to EU digital laws. Whilst the EDPB acknowledged legitimate interest as a possible basis for AI development last December, significant uncertainties remained regarding how to balance companies' objectives against users' rights. This could lead to inconsistent interpretations amongst national regulators and legal risks for the sector. The proposal, being coordinated between DG CNECT and DG JUST, aims to address industry and government concerns, though it would not resolve all challenges, particularly regarding the processing of special categories of sensitive data.

EDPS RELEASES REVISED GEN AI DATA HANDLING GUIDELINE

The European Data Protection Supervisor (EDPS) has published revised guidelines on generative AI use and personal data processing by EU institutions and agencies, incorporating feedback and providing comprehensive instructions for both using and developing generative AI tools. The guidelines feature a generative AI definition, compliance checklist, clarified roles and responsibilities, legal bases, and guidance on data subjects' rights.

EP CULT, IMCO & PETI DISCUSS ONLINE MINOR PROTECTION

On 4-5 November, the European Parliament's CULT, IMCO, and PETI Committees addressed the impact of social media and digital environments on young people through a draft report discussion and joint public hearing. CULT INI Rapporteur Sandro Ruotolo emphasised the need for a whole-of-society approach encompassing digital literacy, age verification, and shared responsibility amongst parents, teachers, social workers, and platforms. MEPs and stakeholders, including Commission representatives highlighted significant risks including addiction, manipulative advertising practices, and exploitative design features. The EC outlined forthcoming measures including the review of the AVMSD, an Action Plan on Cyberbullying, and the Digital Fairness Act, whilst amendments to the CULT report are due by 13 November, with a committee vote scheduled for April 2026.

EU MINISTERS ENDORSE CULTURE AND TRUSTWORTHY MEDIA

On 4 November, EU culture ministers issued a joint declaration recognising strong culture and resilient media as fundamental pillars of Europe's democratic system, emphasising their essential role, alongside cultural heritage, in countering growing disinformation and foreign interference. The declaration received broad support from all member states except Hungary and was also signed by the United Kingdom, Iceland, Norway and Switzerland.

EU CONSUMER STUDY: ONLINE PERSONALISATION & DARK PATTERNS

A recent survey, commissioned by CCIA Europe, has revealed that although over 70% of Europeans have encountered dark patterns in specific online sectors such as travel booking and clothing marketplaces, two-thirds reported experiencing them on only a few services within any given industry, suggesting they are not widespread. The survey also demonstrates that European consumers are digitally savvy, with 80% ceasing to purchase from brands employing deceptive designs. Regarding personalisation, most Europeans recognise its value, with over 70% finding personalised services like streaming platforms useful, and only 24% opposing the use of their data for such purposes.

COALITION LODGES PROTEST OVER META'S USE OF CHAT DATA FOR ADS

A coalition of over 30 advocacy groups has written to the Federal Trade Commission (FTC) urging action against Meta's alleged use of chatbot data for advertising purposes, claiming this violates the FTC's 2020 Order and threatens consumer privacy. The groups argue that Meta failed to provide clear disclosure or obtain proper opt-in consent for using private conversational data, resulting in substantial harm to consumers.