AIG Newsletter 18 November 2024

News

In this week's edition: The EP and EC hold the first trilogue on additional procedural rules for GDPR enforcement. EP committees hold the commissioner-designate hearings. The EC harmonises DSA transparency reporting rules, launches consultations to provide guidance on the AI Act and publishes its first draft of the General-Purpose AI Code of Practice. The EDPB adopts its report on the EU-U.S. Data Privacy Framework and a statement on law enforcement access to data. Meta announces new ad personalisation options for EU users.

GDPR: FIRST TRILOGUE ON ADDITIONAL PROCEDURAL RULES BEGINS

On 4 November, the EP and EC held the first trilogue on additional procedural rules for GDPR enforcement. EP rapporteur Markéta Gregorová (Greens/EFA) emphasised the need to ensure consistent and timely enforcement across all entities, and to establish clearer processes for complainants and improve access to justice. The next trilogue is scheduled for 12 December.

ITRE AND IMCO CONVENE THE HEARING OF EVP-DESIGNATE VIRKKUNEN

On 12 November, ITRE and IMCO held the hearing of Henna Virkkunen, the Executive Vice-President-designate for Tech Sovereignty, Security and Democracy. Virkkunen stressed the importance of reducing red tape, especially for SMEs, and achieving tech sovereignty to reduce EU dependence on China and the US. Virkkunen also highlighted the need to protect free speech and independent media and to counter foreign information manipulation.

LIBE AND IMCO CONVENE THE HEARING OF MICHAEL MCGRATH

On 5 November, LIBE, IMCO and JURI held the hearing of Michael McGrath, the Commissioner-designate for Democracy, Justice, and the Rule of Law. McGrath emphasised his commitment to media freedom, pledging to work on implementing the EMFA and setting up the European Board for Media Services. McGrath also discussed the proposed Digital Fairness Act aimed at protecting consumers from misleading influencer practices and preventing excessive personalisation, and making it easier to cancel digital subscriptions. Although GDPR compliance was a priority, McGrath maintained that the regulatory measures need to not impede innovation and economic growth. 

COMMISSIONER-DESIGNATE VARHELYI ADDRESSES FOOD LABELLING

Várhelyi's written response addressed food labelling, nutrition labelling, green claims, and origin information. He stated the EU's Food Information to Consumers Regulation provided a high level of consumer protection and clear rules for mandatory and voluntary food information. On green claims, the proposal aims to ensure assessments are robust and scientifically sound. Várhelyi also discussed front-of-pack nutrition labelling as a tool to inform consumers, and the importance of engaging stakeholders on food reformulation and marketing.

HOEKSTRA OPEN TO REDUCING RED TAPE

EP's ENVI, ITRE and ECON committees convened on 7 November for Commissioner-designate Wopke Hoekstra's hearing. Hoekstra, the Commissioner-Designate for climate, net-zero and clean growth, emphasised the need for close cooperation with industry, ensuring competitive SMEs and alignment with broader industrial policy. He rejected calls for deregulation, arguing instead for simplification and predictability. Hoekstra defended the effectiveness of the EU Emissions Trading Scheme while acknowledging the need for price predictability. He was open to measures to reduce administrative burdens, but only if they maintained environmental standards and worked in partnership with businesses.

DSA: EC HARMONISES TRANSPARENCY REPORTING RULES 

On 4 November, the EC adopted an Implementing Regulation outlining rules and templates for transparency reporting by providers of intermediary services under the DSA. This will standardise the format, content, and reporting periods for the required transparency reports, addressing previous discrepancies. Providers must start collecting data under the under the new rules from 1 July 2025, with the first harmonised reports to be published at the start of 2026.

EC LAUNCHES CONSULTATION ON KEY AI ACT ELEMENTS

On 13 November, the EC's AI Office launched a consultation on guidelines for the definition of AI systems and the implementation of AI practices that pose unacceptable risks. The EC is seeking input from a range of stakeholders, including AI providers, businesses, authorities, academia, research institutions, and civil society. The consultation will run until 11 December.

EC PUBLISHES FIRST DRAFT OF GENERAL-PURPOSE AI CODE

The draft Code of Conduct incorporates input from a multi-stakeholder consultation and a workshop with general-purpose AI model providers. The draft will be discussed in working groups and in a plenary session, with stakeholders invited to provide comments by 28 November.

EDPB MAKES A SERIES OF KEY ADOPTIONS DURING ITS LATEST PLENARY 

During its latest plenary, the EDPB adopted a report on the first review of EU-U.S. Data Privacy Framework (DPF), as well as a statement on the recommendations of the high-level group (HLG) on access to data for effective law enforcement. The EDPB welcomed the efforts to implement the DPF, and called for more guidance from US authorities and monitoring of safeguards around access to data by US public authorities. Additionally, the EDPB expressed concerns that some recommendations from the high-level group of law enforcement on access to data could unduly infringe on privacy rights. 

META LAUNCHES "LESS PERSONALISED ADS" OPTION IN EUROPE

Meta has launched a new "less personalised ads" option for EU users who choose to use Facebook and Instagram for free with ads. This will use minimal data, resulting in less relevant ads. Ad breaks will also be introduced to help continue providing value to advertisers. While acknowledging this will deliver less value for both users and businesses, Meta remains committed to personalised advertising, which it argues is crucial for small firms and drives significant economic growth in Europe.

DATES FOR YOUR DIARY

18 November: Stakeholder event on upcoming guidelines on 'Consent or Pay' (EDPB)

18 November: The threat to media freedom in Europe - How can it be protected?( Euractiv)

18 November: Data Protection Congress 2024 (IAPP Europe)

20 November: Series of webinars: The Data Act in Contracts (European Commission)

20 November: Techno-politics forum 2024 (European Liberal Forum)

Stand: 18.11.2024