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AIG Newsletter 10 March 2025

Advertising Information Group-Newsletter

Lesedauer: 5 Minuten

10.03.2025

CONTENT:

NEWS
DATES FOR YOUR DIARY

NEWS

In this week's edition: IMCO delegation addresses concerns over EU tech regulations in Washington D.C. The CJEU confirms individual right to receive explanations on the outcomes of automated credit assessments. The EC publishes two Omnibus packages to ease regulatory burdens and foster green economic growth. MEP Axel Voss and privacy activist Max Schrems team up, proposing a three-layered GDPR revision. Meanwhile, Brussels eagerly awaits the third draft of the General-Purpose AI Code of Practice. The third version of Council Conclusions on the AVMSD is leaked and the EDPB cracks down on the GDPR right to erasure enforcement across the EU. Finally, the newly established European Board for Media Services launches two consultations on its work programme and strategy.

EP IMCO DISCUSSES DIGITAL FILES IN WASHINGTON

An IMCO delegation recently visited Washington, D.C. to engage with US policymakers and stakeholders. IMCO Chair Anna Cavazzini noted criticism from US lawmakers and the Trump administration regarding EU tech regulations, while raising concerns about the US removing AI safety measures and highlighting that smaller US businesses benefit from the EU's DMA. During the visit, MEPs addressed misconceptions about EU regulations, emphasising their democratic principles and rejecting Big Tech pressure. The delegation held discussions on digital innovation, cybersecurity, fair competition, and potential transatlantic cooperation.

CJEU RULES ON AUTOMATED CREDIT ASSESSMENTS

On 27 February, the CJEU affirmed that individuals have the right to an explanation on how automated credit assessment decisions are made, enabling them to understand and challenge the outcome. The case involved an Austrian mobile operator that denied a customer a contract based on an automated credit assessment. The CJEU clarified that controllers must provide clear explanations of the decision-making process, detailing the personal data used and how variations in data could alter the outcome. The Court also stated that claims of trade secrets or protected data must be presented to a supervisory authority or court to determine the extent of the individual's right of access.

COMPETITIVENESS: EC REVEALS TWO OMNIBUS PACKAGES

On 26 February, the EC unveiled two key elements of its competitiveness agenda: the Clean Industrial Deal and two Omnibus packages, which aim to ease the regulatory burden on businesses while supporting green and fair economic growth. The Commission acknowledged that the current regulatory framework limits economic potential and prosperity and called for significant adjustments to key regulations. Package I proposes simplifying and delaying sustainability reporting requirements and exempting SMEs from certain regulations, while Package II focuses on boosting the InvestEU programme and simplifying financial reporting for SMEs.

VOSS AND SCHREMS PROPOSE GDPR REVISION

MEP Axel Voss and privacy activist Max Schrems have jointly proposed a targeted revision of the GDPR that would create a three-tiered system based on company size, with simplified rules for small businesses and stricter requirements for data-centric companies. The proposal aims to address the 'one size fits all' approach of the current regulation. However, significant disagreements remain between the two regarding enforcement mechanisms and fundamental principles. Critics worry that reopening the GDPR could jeopardise both international privacy standards and the stability provided by the existing framework, particularly at a time when the Trump administration is challenging EU digital regulations.

BRUSSELS AWAITS THIRD DRAFT GPAI CODE

Brussels is poised for contentious AI negotiations as the third draft of the general-purpose AI Code of Practice (GPAI CoP) is expected imminently. Tensions are mounting between Big Tech firms threatening not to sign the CoP, the EC pushing for simplification, and civil society organisations considering withdrawal due to feeling ignored. The upcoming CoP, due to be finalised by 2 May, could establish global standards for GPAI providers, with key battlegrounds including mandatory third-party testing, risk taxonomy, and copyright transparency issues

AVMSD: THIRD VERSION OF COUNCIL COUNCLUSIONS IS LEAKED

In the leaked version, the Council recognises the need for clarity and coherence between the AVMSD, the DSA, and the E-Commerce Directive. Key considerations include adapting the scope of the AVMSD to evolving online activities, ensuring the protection of minors from harmful content, and evaluating the obligations of video-sharing platform providers. The document addresses measures to support media pluralism and combat disinformation, as well as accessibility to events of major importance and cross-border cooperation.

EDPB LAUNCHES GDPR RIGHT TO ERASURE ENFORCEMENT

On 5 March, the EDPB launched its 2025 Coordinated Enforcement Framework (CEF) focusing on the right to erasure under Art 17 of the GDPR. The initiative will involve 32 DPAs across Europe contacting controllers from various sectors through formal investigations or fact-finding exercises. These authorities will examine how organisations handle erasure requests, particularly regarding conditions and exceptions, with findings to be shared and analysed collectively to generate insights for targeted follow-ups at both national and EU levels.

MEDIA BOARD CONSULTS ON WORK PROGRAMME & STRATEGY

The newly constituted European Board for Media Services has launched two short consultations, inviting stakeholders to feedback on its Statement of Purpose, Strategy for 2025-2027 and its Work Programme for 2025. The consultations will remain open until tomorrow, 11 March, and those wishing to submit a response can do so here.