AIG Newsletter 17 October 2022

DIGITAL SERVICES ACT (DSA)

DSA: Council gives final approval to the protection of users’ rights online

On 4 October, the Council approved the Digital Services Act (DSA), outlining clear responsibilities and accountability for providers of intermediary services. These included social media, online marketplaces, very large online platforms (VLOPs) and very large online search engines (VLOSEs). Larger actors would be subject to stricter rules. 

The DSA also introduced a crisis response mechanism to respond to cases of disinformation, making it possible to analyse the impact of the activities of VLOPs and VLOSEs and to rapidly decide on measures to ensure the respect of fundamental rights.  

Once the DSA is signed by both the President of the EP and the Council President, it will be published in the Official Journal of the EU and will apply fifteen months after its entry into force.

AUDIOVISUAL MEDIA SERVICES DIRECTIVE

Parliament’s Internal Market and Consumer Protection Committee publishes a draft opinion on the implementation of the Audiovisual Media Services

On 3 October, the IMCO Committee published a draft Opinion on the implementation of the AVMSD, which underlined the issue of the delayed transposition of the Directive by EUMS. It  stressed the importance of proper implementation and the necessity of strengthening the country of origin (COO) principle, as well as the accessibility to audio-visual services for people with disabilities. The draft Opinion also highlighted the need to protect those who are underage, by urging the Commission to secure the strict implementation and proper enforcement of these rules. Finally, it highlighted the importance of a well-functioning internal media market.

CONSUMER CREDIT DIRECTIVE

IMCO: Rapporteur reports back on Consumer Credit Directive trilogue negotiations

Last week, Rapporteur Kateřina Konečná MEP (The Left) updated the IMCO Committee on  first kickoff trilogue, where the EP and the Council presented their priorities. They key points mentioned included the scope of information provided to consumers and the advertisement of credit, in addition to credit assessment, overdraft facilities, and overrunning the caps and the penalties. The Rapporteur reiterated the importance of negotiating a proposal that protected vulnerable consumers.  

Ahead of this debate the AIG sent an email to members of the IMCO Committee to flag our concerns around provisions related to mandatory information requirements in advertising. As for next steps, the next trilogue is scheduled for the 26 October and the last one will take place on the 1st of December. 

On 30 November, Renew Europe will also host a hybrid event on: ‘How to ensure a balanced EU approach towards credit agreements for the benefit of consumers?’ Information can be found here. 

DATA

EU-US Privacy Shield signed by President Biden

On 7 October, US President, Joe Biden signed an executive order to implement an EU-US data transfer framework with a view to simplify the international flow of data from the EU to US, following the EU-US Privacy Shield being invalidated by the CJEU. 

The Order introduces numerous improvements for European citizens' privacy under U.S. law, including legally-binding limitations and stronger independent oversight over U.S. government access to Europeans' data. The Order also provides European citizens with effective redress mechanisms to enforce those protections before U.S. authorities. 

The order comes six months after President Biden and European Commission President Ursula von der Leyen announced an agreement in principle on a new data transfer deal. This provides the European Commission with a basis to adopt a new adequacy determination.

DISINFORMATION

Commission steps up action to tackle disinformation and promote digital literacy among young people  

As part of the Digital Education Action Plan (2021-2027), the European Commission recently published its guidelines on how to address disinformation and promote digital literacy in schools. The aim is to provide young students with digital knowledge and to promote the responsible and safe use of digital technologies. Topics included: building digital literacy, tackling disinformation, and assessing and evaluating digital literacy.

DATES FOR YOUR DIARY – Q3/Q4 2022

19 October: Retail Media: European Trends and 2023 Outlook, Skai 

20 October: Patent protection for EU funding beneficiaries - Digital communication, European Innovation Council and SME’s Executive Agency 

25 October: A digital Europe in a globalised world – how to reconcile Europe’s digital ambitions with its transatlantic agenda, EURACTIV 

26 October: Women and Girls in STEM Forum, European Commission and Girls Go Circular 

27 October: Industry Insider with Xandr - The Retail Media Opportunity in Europe, IAB Europe 

2 November: EU Secure and Innovative Digital Future, Czech Presidency 

30 November:How to ensure a balanced EU approach towards credit agreements for the benefit of consumers?, Renew Europe