Werbung und Marktkommunikation, Fachgruppe

AIG Newsletter 27 January 2025

Advertising Information Group-Newsletter

Lesedauer: 4 Minuten

CONTENT:

NEWS
DATES FOR YOUR DIARY

NEWS

In this week's edition: LIBE Committee vote reveals Bruno Gencarelli as the top pick for the European Data Protection Supervisor role. The EP debates democratic threats posed by social media platforms and DSA enforcement. EDPB adopts guidelines on pseudonymisation, issues a statement on data protection and competition law, and adopts a report on implementing the right of access by controllers. The EC integrates a new Code of Conduct into the DSA. Former EU leaders urge action on Google's digital market dominance. IMCO convenes a hearing on child protection online, and finally leaked AVMSD council conclusions seek a series of clarifications on influencer content and user-generated videos.

EP LIBE VETS DATA SUPERVISOR CANDIDATES

On 16 January, the LIBE Committee held a hearing for the candidates competing to become the new European Data Protection Supervisor (EDPS). During the hearing, MEPs focused on key challenges including balancing privacy and security, data retention policies, AI system oversight, and regulatory cooperation. In a secret ballot vote, Bruno Gencarelli received 32 votes from MEPs, making him the top candidate for the position. The LIBE Committee Chair will now report the vote outcome to the Conference of Presidents, after which Parliament and the Council will jointly appoint the new EDPS.

EP DISCUSSES DSA ENFORCEMENT

The EP held a debate on democratic threats posed by social media platforms, focusing on DSA enforcement. While some MEPs advocated for strict enforcement and potential platform bans, others emphasised protecting freedom of expression. The debate highlighted concerns about recommender systems, election interference, and the need for platforms to comply with European rules. EVP Virkkunen stressed that the DSA aims to make online content subject to the same legal standards as offline content, and announced upcoming measures such as the Democracy Shield to counter digital threats.

EDPB ADOPTS PSEUDONYMISATION GUIDELINES

On 16 January, the EDPB adopted new guidelines on pseudonymisation. The guidelines clarified that such data was still classified as personal data and could help meet GDPR obligations. In particular, it could offer benefits such as reducing identification risks and supporting legitimate interests. The guidelines will undergo public consultation until 28 February. On the same day, the EDPB issued a statement that addressed the intersection of data protection and competition law. It recommended enhanced cooperation between regulators and suggested the establishment of a single contact point to streamline coordination efforts, drawing on the conclusions from the CJEU's Meta vs. Bundeskartellamt ruling.

EDPB NOTES CHALLENGES IN IMPLEMENTING THE RIGHT OF ACCESS

On 16 January, the EDPB adopted a report on implementing the right of access by controllers, based on the 2024 actions under the Coordinated Enforcement Framework (CEF). The report addressed the results of the 2024 investigation on 1,185 controllers which identified issues such as inadequate awareness of access scope, inconsistent data retention periods, lack of internal procedures, and barriers to facilitating access requests. The report recommended improvements, and highlighted the importance of following EDPB Guidelines 01/2022 on the right of access.

EC INTEGRATES NEW CODE OF CONDUCT INTO THE DSA

The EC and the European Board for Digital Services integrated the updated Code of Conduct on Countering Illegal Hate Speech Online into the Digital Services Act framework. This voluntary code, signed by major platforms like Facebook, Tiktok, and Youtube, will enhance the way platforms address illegal hate speech by establishing expert content review, transparency measures, and civil society engagement. The code's compliance will be assessed through annual independent audits.

FORMER EU LEADERS URGE ACTION ON GOOGLE'S AD TECH MONOPOLY

A group of former EU leaders have written to Ursula Von Der Leyen stating that Google's dominance threatens Europe's digital sovereignty, media landscape, and democratic independence. The letter recommended two key actions: empowering regulators to implement structural remedies that restore fair competition, and fostering European digital innovation through support for startups and enforcement of existing digital market regulations.

EPP IMCO HEARING ON THE PROTECTION OF MINORS ONLINE

During MEP Dóra Dávid (EPP)'s hearing on the protection of minors online on 15 January, panelists discussed children's vulnerability online, their exposure to HFSS and alcohol content, influencer marketing, and the need for platform accountability. Experts emphasised existing protections via the DSA and AVMSD, and proposed future measures including improved age verification, safety-by-design, and content monitoring. The upcoming Digital Fairness Act was referenced multiple times during the hearing. AIG drew attention to media literacy to the debate

AVMSD: LEAKED COUNCIL CONCLUSIONS SEEK CLARIFICATIONS

A leaked Council document on the AVMSD called for increased clarity regarding influencers and user-generated content, particularly live-streamed videos. The document had a particular focus on protecting minors, analysing video-sharing platform regulations, and addressing disinformation through self- and co-regulation initiatives. The draft will undergo further discussions, with final adoption expected in May.