AIG Newsletter 13 January 2025

NEWS

HAPPY NEW YEAR AND WELCOM TO OUR FIRST AIG NEWSLETTER OF 2025!

In this week's edition: Independent experts present the second draft of the General-Purpose AI Code of Practice. The EDPB adopts an opinion on key data protection aspects of AI. Poland commences its Council Presidency, with e-privacy regulation and revision of the AVMSD top of its agenda. The CJEU orders the Commission to pay damages for making an unlawful data transfer to the US. Meta's decision to end third-party fact-checking sparks mixed reactions in the European Parliament. The 2025 tech regulation agenda focuses on implementation as well as progress on the Digital Fairness Act. Austria assumes the presidency of the EU Audiovisual Observatory and Ireland's media regulator revises its media service codes.

SECOND DRAFT OF THE GENERAL-PURPOSE AI CODE IS PUBLISHED

On 19 December technical experts presented the second draft of the General-Purpose AI Code of Conduct. The draft is structured in two parts: the first part addresses transparency and copyright obligations, and the second focuses on systemic risk measures for advanced models under Article 51 of the AI Act. The revised draft features objectives, commitments, preliminary KPIs, and proportional obligations. A third draft is anticipated by mid-February.

EDPB ADOPTS OPINION SUPPORTING RESPONSIBLE AI

On 18 December, the EDPB adopted an opinion addressing key data protection aspects of AI models. The opinion focuses on three main areas: the conditions under which AI models can be considered anonymous, the use of legitimate interest as a legal basis for AI development and usage, and the implications of using unlawfully processed personal data in AI models. Furthermore, the EDPB recommends a three-step test for determining legitimate interest validity, provides criteria for evaluating reasonable expectations of data use and emphasises that anonymity assessments must be conducted on a case-by-case basis. 

POLAND COMMENCES COUNCIL PRESIDENCY

Poland has assumed the Presidency of the Council of the European Union for the first half of 2025. In the digital and telecommunications sector, Poland's priorities include strengthening AI research and development, evaluating digital regulations, and reforming the telecommunications market. The Presidency aims to approve Council conclusions on AI Factories, while also addressing the e-Privacy Regulation. Importantly, the Presidency will pursue discussions on revising the Audiovisual Media Services Directive and evaluating the legal framework for audiovisual content delivery services.

EC TO PAY DAMAGES FOR UNLAWFUL TRANSFER OF DATA TO US

The CJEU ordered the European Commission to pay €400 in damages to a German citizen after ruling that it improperly transferred his personal data to Meta Platforms in the United States via the "Sign in with Facebook" option on its EU Login service in March 2022. The case stemmed from the citizen's registration for the "GoGreen" event on the "Conference on the Future of Europe" website, where the Court found that the Commission had failed to ensure adequate safeguards for the data transfer.

META ENDS THIRD PARTY FACT-CHECKING PROGRAMME

On 7 January, Mark Zuckerberg announced that Meta will replace its third-party fact-checking programme in the US with a Community Notes model. While the ECR group in the European Parliament welcomed the move as a step towards greater freedom of speech and a departure from top-down censorship, the S&D group urged Meta to comply with the DSA and the Code of Practice on Disinformation, calling on the EC to ensure tech giants are held accountable.

TECH REGULATION: WHAT TO EXPECT IN 2025

2025 will see the implementation of various regulatory initiatives, including the AI Act's first provisions being applicable from February, ongoing work on the Digital Fairness Act 2025, and continued enforcement of existing legislation like the DMA and DSA. While there are calls for simplification of EU digital regulation, including GDPR enforcement and AI governance, 2025 is unlikely to bring significant regulatory simplification. 

EUROPEAN AUDIOVISUAL OBSERVATORY ANNOUNCES 2025 PRESIDENCY

The EU Audiovisual Observatory, a Strasbourg-based Council of Europe organisation that has analysed European film, television and video industries since 1992, has announced Austria as its rotating Presidency for 2025. Andreas Ulrich from the Austrian Federal Chancellery will represent Austria on the Observatory's Executive Council. 

IRISH MEDIA REGULATOR REVISES MEDIA SERVICES CODE AND RULES

Irish media regulator, Coimisiún na Meán, published nine revised media services codes and rules to implement changes required by the AVMSD and the Online Safety and Media Regulation Act 2022. The new regulations include the first-ever formal oversight of video-on-demand services in Ireland, alongside updated codes for television and radio broadcasters. The revised codes also cover various areas including child safety, service accessibility, and content restrictions, with further updates planned for 2025.

DATES FOR YOUR DIARY

14 January: Towards Inclusive AI (CERRE and Centre for China and Globalisation)

14 January: Time to build a European digital ecosystem: Recommendations for the EU's digital policy (The Foundation for European Progressive Studies)

16 January: A New Industrial Ambition for Europe: Connectivity, Sovereignty and the Competitiveness Agenda (Forum Europe)

16 January: EDPB meets for its first plenary meeting of 2025

16 January: EDPB meets for its first plenary meeting of 2025

16 January: A New Industrial Ambition for Europe: Connectivity, Sovereignty and the Competitiveness Agenda (Forum Europe)

21 January: Leading the next industrial revolution: boosting competitiveness through digital transformation (Forum Europe)

23 January: Navigating the AI revolution (ETUI)

28 January: CPDP Data Protection Day (Council of Europe, Privacy Salon and the EDPS)

28 January: Governance Mechanisms for Open Tech Platforms (CERRE)

30 January: EU's approach to Advanced Artificial Intelligence - Time for a "CERN for AI"? (Euractiv)

4 February: Advertising Horizons: Fuelling Europe's Digital Future (IAB Europe)

5 February: Europe's path to global tech leadership: Unlocking connectivity and innovation (Ericsson and The Parliament Magazine)

10 February: Europe's path to global tech leadership: Unlocking connectivity and innovation (Ericsson and The Parliament Magazine)

Stand: 13.01.2025