AIG Newsletter 25 March 2024

In this week's update – The EDPS raises concerns over the draft Council of Europe AI convention, calling for stronger safeguards. The European Parliament adopts the provisional AI Act after lengthy negotiations. The Commission requests information under the DSA from major tech firms on generative AI risks and opened investigations into LinkedIn and AliExpress. The EP's IMCO Committee discusses DSA implementation, focusing on combating illegal content and protecting minors. Meanwhile, the AGRI Committee reviews the responsible food marketing code, and DG CLIMA is seeking feedback on car emissions labelling rules.

NEWS

EDPS EXPRESSES CONCERNS ON COE’S AI FRAMEWORK CONVENTION

On 11 March, the EDPS published its assessment on the Council of Europe’s Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law. The EDPS expressed concerns about the current draft, in particular it thought it lacked clear and strong safeguards for individuals affected by AI systems. The EDPS stressed the need for a common legal framework to ensure consistency and fairness across Europe and beyond. Moreover, it underlined that the absence of "red lines" to prohibit AI applications that present unacceptable risks was worrying, as it may undermine human rights, democracy and the rule of law.

EP PLENARY CONFIRMS PROVISIONAL AGREEMENT ON AI ACT

On 12 March, the EP, in its plenary session, discussed the provisional agreement on the AI Act. The co-rapporteurs recalled the long and complex negotiations with the Council but underlined that they managed to have a well-balanced text which protected citizens and promoted innovation. Commissioner Breton underlined its historic importance and stressed that the work in this field was not done. He also talked about the AI Office and the EC initiative on AI factories, startups and supercomputers. Many MEPs who intervened in the discussion expressed concerns about the exceptions linked to the ban on biometric surveillance.

On 13 March, MEPs adopted the provisional agreement text with 523 votes in favour, 43 against and 49 abstentions. The Act is still subject to a final lawyer-linguistics check and is expected to be adopted before the end of the legislature, through the corrigendum procedure. In addition, the text will need to be formally endorsed by the Council before its publication in the Official Journal.

EC ADOPTS SEVERAL MEASURES UNDER THE DSA FRAMEWORK

On 14 March, the EC formally requested information under the DSA framework from the following VLOSEs and VLOPs: Bing, Google Search, Facebook, Instagram, Snapchat, TikTok, YouTube and X. The request concerned the measures the companies have taken to address the risks associated with generative AI. VLOPs and VLOSEs now have until 5 April to provide the information on election-related questions and until 26 April for other topics. Failure to answer accurately may result in fines or other enforcement action. Generative AI is highlighted as a risk in the EC's draft guidelines on the integrity of electoral processes. 

On the same day, the EC also sent a formal request to LinkedIn asking for more information on how the company complies with the prohibition of presenting advertisements based on profiling using personal data. LinkedIn has until 5 April to reply to the EC. In addition, the EC opened formal proceedings to determine whether AliExpress violated DSA provisions.

EP IMCO EXCHANGE VIEWS ON IMPLEMENTATION OF DSA

On 20 March, the EP IMCO Committee held an exchange of views with the Commission and members of civil society on the implementation of the DSA.

During the debate, Roberto Viola, Director General of DG CNECT, underlined the Commission's commitment to the DSA implementation. In this context, he mentioned the creation of the European Centre for Algorithmic Transparency and the Digital Services Board. Viola also spoke about the designated VLOPs and VLOSEs and the ongoing dialogues to ensure the effectiveness of the DSA. He noted the formal proceedings against a number of platforms. He concluded by saying that the EC was developing election guidelines to counter misinformation and fake content generated by AI.

Rita Wezenbeek, Director for Platforms Policy and Enforcement (DG CNECT), emphasised the role of the Digital Services Board in coordinating national efforts and supporting the implementation of the DSA. Pavol Szabó, European Federation of Data Protection Officers, expressed his support for the DSA but underlined issues in content legality assessment for platforms, suggesting solutions such as giving smaller platforms more discretion when it comes to content removal.

In the second part of the exchange of views, Prabhat Agarwal, Head of Unit for Digital Services (DG CNECT), outlined the enforcement priorities of the DSA which are protecting minors, combating illegal content, ensuring consumer safety in online marketplaces, and safeguarding the integrity of elections. Joanna Goodey, Head of Unit for Justice, Digital and Migration (FRA), highlighted the challenges in moderating online content and the prevalence of hate speech. Asha Allen, Program Director at the Centre for Democracy and Technology, called for more cooperation between the EU and civil society for an effective DSA enforcement, stressing the need to involve civil society in decision-making processes to ensure transparency and expertise. 

Among the concerns raised by the MEPs, there were the risks posed to minors, the practice of shadow banning and the issues with recommender systems and trusted flaggers. Overall, the MEPs welcomed the Commission’s efforts in the implementation of the DSA.

EP AGRI EXCHANGES VIEWS ON CODE ON RESPONSIBLE FOOD

On 18 March, the EP AGRI Committee met for an exchange of views on the EU Code of Conduct on responsible food business and marketing practices. Members heard from Commission representatives that the Code of Conduct had somewhat lost its momentum recently, with only one new signatory being seen over the past year, though this could likely be explained by the significant challenges which the sector currently faced. Moreover, they underlined that very few SMEs were co-signatories, stressing the importance of larger players encouraging smaller suppliers to join the Code. The 2023 study can be found here.

DG CLIMA PUBLISHES FITNESS CHECK CONSULTATION ON CAR LABELLING

DG CLIMA has published a consultation on current EU rules that require that information on the fuel consumption and CO2 emissions of new cars sold or leased in the EU is made available to consumers so that they can make informed choices. Because substantial policy and market developments have taken place since those rules were last evaluated in 2016, this new evaluation will assess if those rules remain fit for purpose. The feedback period is 19 March 2024 - 16 April 2024.

DATES FOR YOUR DIARY

26 March: Cyber Statecraft: Great Cyber Power Competition. (RUSI)

26 March: Microsoft DMA compliance workshop. (European Commission)

26 March: 12th Stakeholder Forum. (BEREC/Body of European Regulators of Electronic Communications)

28 March: EU - Webinar: Technology Transfer. (European Innovation Council and SMEs Executive Agency)

9 April: BEREC Workshop on End-Users rights. (BEREC/Body of European Regulators of Electronic Communications)

10 April: Protection for EU funding beneficiaries - Quantum Technology. (The European Patent Office (EPO) and the European IP Helpdesk)

11 April: High Level Post and E-commerce Conference. (Belgian Presidency)

14 April: 2nd ENISA Cybersecurity Policy Conference. (ENISA)

16 April: Futurenet World 2024. (Futurenet World)

18 April: EU - Webinar & Horizon Results Platform: Artificial Intelligence. (Horizon Results Platform (HRP) and the European IP Helpdesk)

Stand: 25.03.2024