AIG Newsletter 19 April 2022

DIGITAL

Update on DSA trilogue negotiations – MEP Schaldemose with new proposal on targeted ads.

EP Rapporteur on the DSA, MEP Schaldemose (S&D) has upped the ante on targeted advertising with a new proposal that includes beefed-up restrictions around the use of personal data for commercial messages on all online platforms. The proposal sets out a ban for targeted ads for minors, but also specifies that online platforms should not collect more personal data to figure out whether a user is a minor. In addition, when an online platform has “doubts” about the age of a user, it should not send targeted ads to the user, according to the draft text.

The text also explicitly proposes a ban on the use of sensitive data about religion, health, political opinions and racial or ethnic origin for targeted ads. The Council’s previous compromise had proposed less legally binding language, stating that companies using such information should comply with the EU’s existing privacy law. The next trilogue is expected on 22 April.

European Council issues guidelines on the risks of online political campaigning for democracy

On 6 April, the Council of Europe issued a set of guidelines to EUMS to address challenges to the fairness and legitimacy of electoral processes created by new digital political communication techniques, such as the potentially abusive use of microtargeting. The guidelines establish several principles, including the requirement that citizens can receive information from online platforms on why they are targeted with political ads and that they can opt-out of such advertising.

DATA

MEPs adopt the Data Governance Act

On 6 April, the EP held a plenary session on the Data Governance Act (DGA). MEPs later adopted the report. The DGA aims to increase trust in data sharing and create new EU rules on the neutrality of data marketplaces. During the debate, MEPs pushed to make most data available voluntarily for objectives of general interest, such as scientific research. The text must be formally adopted by Council before it enters into force.

EDPB adopts a statement on the new transatlantic data privacy framework 

On 25 March, the US and the EU announced an agreement had been found ‘in principle’ on a new framework for transatlantic data flows, replacing the Privacy Shield which was invalidated by the CJEU in 2020. On 7 April, the EDPB adopted a statement on the announcement of the new framework.

In its statement, the EDPB welcomed the commitments made by the US to further protect the personal data of individuals in the EEA when their data are transferred to the US. The EDPB noted that data exporters must continue to comply with the case law of the CJEU (in particular its Schrems II decision), but the EDPB will pay special attention to how this agreement is translated into concrete legal proposals. It is expected that it will take a few more months to finalise the agreement at the technical level.

DISINFORMATION

The Code of Practice on disinformation 2.0 delayed due to Ukraine disinformation

On 31 March, the Commission announced that it would extend the deadline for the signatories of the Code of Practice on disinformation revision due to the spread of disinformation in Ukraine. The aim of the Code’s revision is to address its current shortcomings and follow Commission’s Guidance to strengthen the Code of Practice, released in May 2021. The timeline for the revision of the Code is now unclear.

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DATES FOR YOUR DIARY 

• 20 April: Webinar on the new Copyright Directive, The European Innovation Council and SMEs Executive Agency
• 21 April: Symposium on Data Access, The French Presidency
• 26 April: Debate on the eIDAS and the European Digital identity wallet, The European Internet Forum (EIF)
• 27 April: Debate on Skills in the digital world: a path towards inclusive transformation, EIF
• 28 April: AIG Exchange, 3-4 pm CET