AIG Newsletter 29 July 2024

In this week's edition: The EP's 10th legislature begins with a series of key appointments, including Roberta Metsola's re-election as President. The EDPB advocates for DPAs to become Market Surveillance Authorities under the AI Act. The Commission registers a new initiative on food labelling transparency, publishes its annual Rule of Law Report, and coordinates further action against Meta's "pay or consent" model. Additionally, it clarifies energy labelling rules and responds to concerns about health claims on food.

News

IIn this week's edition: The EC issues preliminary findings against Meta's 'pay or consent' model and publishes its State of the Digital Decade report. The Global Partnership on AI (GPAI) and OECD join forces to advance trustworthy AI development. Media plurality faces challenges according to the latest Media Pluralism Monitor. Ireland's Media Commission proposes new rules to align with the revised AVMSD. The Working Party on Data Protection meets on 22 July to discuss GDPR enforcement and recent developments in data protection policy.

MEPS ELECT NEW EP BUREAU AND COMMITTEE CHAIRS

Roberta Metsola was re-elected as President and a further 14 Vice-Presidents and 5 officials were elected to complete the new Bureau. MEPs approved the composition of 20 committees, 4 sub-committees, and 48 standing delegations. Committee and sub-committee members were also announced on 19 July. On 23 July, committees and sub-committees held constitutive meetings to elect their chairs and Vice-Chairs for 2 and a half year terms.

Relevant Committees include:

• IMCO - Chair: Anna Cavazzini (Greens). Vice-Chairs: Christian Doleschal (EPP), Nikola Minchev (RE), Maria Grapini (S&D), and Kamila Gasiuk-Pihowicz (EPP).
• LIBE - Chair: Javier Zarzalejos (EPP). Vice-Chairs: Marina Kaljurand (S&D), Charlie Weimers (ECR), Alessandro Zan (S&D), and Estrella Galán (The Left).
• CULT - Chair: Nela Riehl (Greens/EFA). Vice-Chairs: Bogdan Zdrojewski (EPP), Emma Rafowicz (S&D), Diana Riba I Giner (Greens/EFA), and Hristo Petrov (RE).

EDPB MAKES CASE FOR MARKET SURVEILLANCE DESIGNATION

The EDPB released a statement advocating for DPAs to be designated as Market Surveillance Authorities (MSAs) under the AI Act. The EDPB argued that DPAs' existing expertise makes them ideal for this role and recommended clear cooperation procedures between MSAs and other regulatory bodies, including the EU AI Office. Member States must appoint MSAs by 2 August 2025. Additionally, the EDPB published FAQs on the EU-U.S. Data Privacy Framework for both individualsand businesses and approved the EuroPriSe Criteria Catalogue for the European Data Protection Seal.

EC REGISTERS FOOD LABELLING INITIATIVE

Following its decision, the EC registered a European Citizens' Initiative called "Stop Fake Food: Origin on Label", which demanded transparent labelling of food origin and adherence to environmental, health and labour standards. The Commission has not yet analysed the initiative's content but confirmed it meets legal requirements. The organisers have one year to gather the required number of signatures. If successful, the Commission will be obliged to respond to the initiative.

EC PUBLISHES THE RULE OF LAW REPORT 2024

The EC released its 5th annual Rule of Law Report on 24 July. The Press Release highlighted improved preparedness among EU countries to address emerging challenges since 2020.  Regarding media freedom, the report highlighted that while some Member States have improved journalists' safety and expanded media regulators' roles, concerns persisted in areas such as public service media governance, media ownership transparency, access to public documents, and state advertising allocation. 

EC COORDINATES ACTION AGAINST "PAY OR CONSENT"

On 22 July, the EC led Consumer Protection Cooperation (CPC) Network senta letter to Meta expressing concerns about the model's compliance with EU consumer law. The network identified several potentially unfair elements that may contravene the UCPD and the UCTD. These include misleading use of the term "free", imprecise language, and pressuring long-time users to make quick decisions. Meta has been given until 1 September to respond with proposed solutions to address these issues.

EC CLARIFIES RULES FOR ENERGY LABELLING IN VISUAL ADVERTISING

The guidance required all suppliers and retailers of energy-labelled products to show both the product's energy class and the relevant range of classes in visual adverts and promotional materials. From 1 August, the European Product Registry for Energy Labelling will exclusively display class arrows with the range, and APIs for retrieving this information will be available from September 2024. 

EC FOLLOWS-UP ON NUTRITION AND HEALTH CLAIMS MADE ON FOODS

The EC recently responded to the EP's resolution by clarifying that the Nutritional Health Claims Regulations (NHCR) apply to all commercial communications about food products in the EU, including online platforms. The Commission also pointed to the DSA's and AVMSD's roles in creating a safe online environment and reducing excessive exposure to unhealthy food advertisements respectively. 

DATES FOR YOUR DIARY

16 September: Plenary Session of the European Parliament is taking place over 4 days in Strasbourg, France.  

Stand: 29.07.2024