AIG Newsletter 12 February 2024

In this week’s edition, the European Commission unveils its enhanced DSA transparency database. Legal battles unfold as Meta and TikTok challenge DSA fees, sparking ongoing debates on supervisory costs. EU Ambassadors unanimously approve the AI Act, setting the stage for the European Parliament key committees to adopt the rulebook on 13 February. The EDPB launches a user-friendly website auditing tool, while the Dutch DPA targets misleading cookie notices, emphasising transparency. The EP Plenary held a debate on hate speech and disinformation and the responsibility of social platforms within the Digital Services Act and finally the Belgian Presidency priorities were discussed at the General Affairs Council. 

NEWS

DSA: EC LAUNCHES TRANSPARENCY DATABASE UPDATE

On 31 January, the European Commission launched a new user interface for the DSA transparency database together with a new interactive dashboard. This database, required under the Digital Services Act, collects online platforms' justifications for content removal or restrictions. Since its launch in September 2023, more than three billion statements have been collected. The new interface allows stakeholders, researchers, and journalists to explore and analyse the database content through improved filtering options and interactive visualisations. Starting from 17 February all online platforms, except micro and small businesses, will be required to submit data and content moderation decisions.

TIKTOK AND META SUE EC OVER DSA (EURACTIV)

On 7 February, Meta announced that they were taking legal action against the European Commission due to a disagreement on the methodology to calculate the annual supervisory fee that companies listed under the EU’s Digital Services Act must pay, with TikTok confirming on 8 February to Euractiv that they intend to do the same. Read more here.

AI ACT APPROVED

On 2 February, the ambassadors of the 27 Member States of the European Union unanimously approved the EU’s Artificial Intelligence Act. The EP’s IMCO AND LIBE Committees will adopt the AI rulebook on 13 February, followed by a plenary vote provisionally scheduled for 10-11 April. The formal adoption will then be complete with endorsement at the ministerial level.

EDPB LAUNCHES WEBSITE AUDITING TOOL

On 29 January 29, the European Data Protection Board launched a user-friendly website auditing tool to assess compliance with data protection laws. The tool is intended for both legal and technical auditors of DPAs, but also for data controllers and processors that want to test their websites. Available as free and open-source software, it simplifies the audit process, enabling users to prepare, perform and evaluate audits, import results from other tools, and generate reports. The tool addresses the need for an easy-to-use solution in order to facilitate enforcement by national DPAs and compliance checks by controllers, aiming to enhance data protection across websites. A second version with additional functionalities is planned for later this year.

DUTCH DPA AIMS TO TACKLE MISLEADING COOKIE NOTICES

On 6 February, the Dutch data protection authority (AP) announced that it would check whether websites correctly request permission for the use of cookies. Of concern were websites regularly using misleading cookie banners with hidden buttons. The AP outlined that cookies made it possible for websites to profile and identify visitors through the processing of personal data gained through cookies. Similarly, the AP noted that organisations must refrain from using misleading ways to obtain consent to cookies, such as the use of refusal buttons that are less visible, automatically checking boxes to accept cookies, or implicitly assuming consent when visitors continue to the website. You can read the press release here and the AP's explanation on cookies here, both only available in Dutch.

DSA: EP PLENARY DISCUSSES HATE SPEECH AND DISINFORMATION

On 7 February, the EP Plenary held a debate on hate speech and disinformation and the responsibility of social platforms within the Digital Services Act. The debate concentrated on the European Elections and the steps needed to preserve their integrity and the democratic process. Commissioner Breton outlined the EC’s strategy under the DSA to hold platforms accountable and to prevent foreign interference. He underlined that the EC, Member States, and platforms shared the responsibility for the correct implementation of the DSA and protecting electoral integrity. 

On 8 February, the EC published a public consultation to seek views on draft Digital Services Act (DSA) guidelines on the integrity of electoral processes. Article 35 of the DSA determines that the EC, together with the Digital Services Coordinators of the Member States, can issue guidelines concerning specific risks.

GENERAL AFFAIRS COUNCIL DISCUSSES BELGIAN PRESIDENCY PRIORITIES

On January 29, 2024, the General Affairs Council (GAC) exchanged views on Belgium’s presidency priorities. It was stressed that the main priorities of the GAC for the following six months would be defending the rule of law, strengthening democracy, and enlargement. The Commission welcomed the Presidency’s priorities, notably the one on enlargement. The Commission also recalled the 150 outstanding legislative files still on the table and urged colleagues to conclude as many as possible before the next legislative term.

Delegates from the Member States welcomed the Presidency’s priorities as well, having likewise placed a special emphasis on the enlargement question. Several representatives also deemed the rule of law and European competitiveness as key priorities. On the latter, both Luxembourg and Finland made express mention to the incoming report on the Future of the Single Market. Both Bulgaria and Romania stated clearly that Schengen accession remains of the utmost importance for both countries, while Hungary (which is due to assume the Council Presidency after Belgium) spelled out competitiveness, a merit-based enlargement process, and demographic change as policy areas that Hungary would tackle during its mandate.

DATES FOR YOUR DIARY

14 February: What's new in Big Data for LMIS - green and digital skills, combination of data, occupational profiles, AI in education and in the labour market. (European Training Foundation 

20 February: Competitiveness in a digital decade - What policy mix for 2024 and beyond?(EURACTIV)

21 February 24: Masters of Digital – Europe 2030: A Digital Powerhouse(Digital Europe)

22 February 24: Unpacking the Digital Identity Mapping Results(EU-US Trade & Technology Council)

22 February 24: What the EU is doing in the development of AI?(EPRS)

22 February 24: E-commerce Berlin Expo 2024. (IAB Europe)

22 February 24: Pro Roundtable - Technology (Politico)

Stand: 12.02.2024