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AIG Newsletter 24 February 2025

Advertising Information Group-Newsletter

Lesedauer: 6 Minuten

24.02.2025

CONTENT:

NEWS
DATES FOR YOUR DIARY

NEWS

In this week's edition: The IMCO Committee hears diverging views on the AI Liability Directive and receives update on the AI Act Code of Practice second draft. Commissioner Virkkunen highlights several digital priorities during an exchange with the LIBE Committee. The EC unveils its 2025 Work Programme, launches a series of workshops to explore voluntary codes of conduct for online advertising, and approves the integration of the Disinformation Code of Practice into the DSA framework. The European Board for Media Services under EMFA holds its inaugural meeting. The AI Action Summit sees the EU signing a sustainable and inclusive AI development declaration. Several DPAs sign a joint declaration on AI while BEUC publishes a position paper on keeping children safe online. Mixed signals emerge regarding the potential re-opening of the AI Act.

EP IMCO DISCUSSES AI LIABILITY DIRECTIVE

On 27 January, IMCO received updates from Brando Benifei (S&D) on the AI Act Working Group's progress, which highlighted discussions about general-purpose AI guidelines. On 28 January, Andreas Schwab (EPP) (Chair of the Digital Markets Act Implementation Working Group), noted a constructive first meeting and drafted a letter urging the EC to enforce Digital Market Act rules rigorously. Additionally, IMCO exchanged views with DG Connect about Digital Service Act compliance, emphasising the need for platform transparency, content moderation, and protection against illegal online content.

EP IMCO RECEIVES UPDATE ON AI CODE OF PRACTICE

On 17 February, MEP Benifei briefed the IMCO Committee on the AI Act Working Group's recent discussion on theAI Act code of practicesecond draft. Benifei highlighted questions about alignment with the EDPB's requirements to prove lawful data processing. Whilst the draft introduced a more structured taxonomy for systemic risk assessment, it lacked mandatory assessments for fundamental rights and environmental impacts, and its definition of "serious incidences" was not fully aligned with the AI Act.

EP LIBE EXCHANGES VIEWS WITH COMMISSIONER VIRKKUNEN

In an exchange with the LIBE committee, Commissioner Virkkunen outlined key digital priorities and emphasised the role of the DSA in ensuring online security and fairness. The importance of protection of minors online through platform regulation and anti-cyberbullying measures was stressed. She also called for platforms to maintain transparency and remove illegal content, and addressed the EU's potential leadership in AI implementation. Virkkunen also acknowledged the gap left by the withdrawn draft e-Privacy regulation, noting that the Commission was evaluating requirements in light of technological advancements.

EC PUBLISHES ITS WORK PROGRAMME

The EC unveiled its 2025 Work Programme, titled "Moving forward together: A Bolder, Simpler, Faster Union", which outlined 51 new policy initiatives alongside various evaluations and proposed changes to existing legislation. Notably, the Commission announced the withdrawal of the proposed AI Liability Directive and e-Privacy Regulation. At the same time, it planned to introduce a complementary Communicationon Simplification and Implementation to streamline EU rules and reduce administrative burdens over the next five years.

COMMISSION BEGINS WORK ON CODES UNDER DSA

The EC launched a series of workshops to explore voluntary codes of conduct for online advertising, as mandated by Article 46 of the DSA, with four thematic sessions beginning on 4 March with data usage and DSA rules. Future sessions include harmful ads and disinformation (6 March), ad fraud (13 March), and B2B transparency (19 March). While the Commission's role is to encourage industry adoption of these codes, they remain intentionally non-committal about the outcome, leaving open both the possibility of an 18 August deadline for implementation and potential standardisation measures.

DISINFORMATION CODE OF PRACTICE GETS APPROVAL

On 13 February, the EC and the European Board for Digital Services approved the integration of the Code of Practice on Disinformation into the DSA framework. This will be effective from 1 July. The Code, which will serve as a benchmark for DSA compliance, encompasses key areas such as demonetisation of disinformation, political advertising transparency, service integrity protection, and user empowerment through fact-checking tools. Adherence to the Code will be considered an appropriate risk mitigation measure for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) and will be subject to annual independent audits.

EC WELCOMES BOARD FOR MEDIA SERVICES

The European Board for Media Services held its inaugural meeting, establishing itself as an independent advisory body under EMFA, replacing the European Regulators Group for Audiovisual Media Services. The Media Board will oversee the implementation of the AVMSD whilst taking on additional responsibilities under EMFA, including providing opinions on national measures affecting media providers, market concentrations, and protective measures against non-EU media threats to public security. The Board will also address concerns from media service providers regarding content restrictions by VLOPs.

PARIS HOSTS AI ACTION SUMMIT

The AI Action Summit in Paris during 10-11 February resulted in a significant declaration signed by 59 signatories, including the EU, focusing on sustainable and inclusive AI development. President Ursula Von der Leyen herself announced InvestAI during the summit, a European Investment Bank-backed scheme aiming to enhance collaborative AI model development and computing power accessibility through EU programmes and Member State funding. During the event, Von der Leyen also metwith US Vice-President JD Vance to discuss AI development, trade relations, and economic interests.

DATA PROTECTION AUTHORITIES SIGN JOINT AI DECLARATION

Data protection regulators from Ireland, Australia, Korea, France and the UK have joined forces by signing a declarationin Paris underscoring their shared intent to establish data governance frameworks that foster AI innovation whilst safeguarding privacy.

BEUC PUBLISHES ADVICE ON KEEPING CHILDREN SAFE ONLINE

On 18 February, European Consumer Organisation (BEUC) published a position paper advocating for enhanced online protections for minors. The paper calls for sweeping changes including a blanket ban on surveillance advertising to under-18s, restrictions on HFSS and alcohol marketing, and standardised EU regulations for influencer marketing. The organisation criticised current self-regulatory measures as inadequate and emphasised the risks of current online business models that prioritise user engagement and data collection.

MIXED MESSAGES ON POTENTIAL AI ACT RE-OPENING

The EC's approach to AI regulation indicated some uncertainty, with AI Office director Lucilla Sioli indicating that the AI Act would be included in the Commission's 2025 digital package, with an impact assessment planned by year's end. It was emphasised that this would not constitute a major review, instead it would focus on simplification for SMEs and an examination of legislative intersections. A Commission spokesperson could not confirm whether the Act would be reopened, and there were some contradictory messages about whether the digital package will be presented as an "omnibus" measure.