AIG Newsletter 6 May 2024

News

In this week's edition: The European Parliament overwhelming supports the proposal aimed at fostering European dominance in reliable AI. The Commission holds third digital services board meeting – discussions focused on the implementation of the DSA's guidelines on governing online polls, disinformation and content moderation. Separately, the Commission put platforms under stress tests to see how they perform on electoral integrity and curbing manipulation. Additionally, online platforms have been mandated to publish transparency reports detailing their content moderation practices by 6 May. The new European Media Freedom Act is published on the Official Journal. Finally, the Council agrees to conclude an additional protocol on cross-border data flows which will be incorporated into the existing EU-Japan Economic Partnership Agreement.

EP ADOPTS AI INITIATIVE FOR START-UPS

During its plenary session on 24 April, the EP overwhelmingly supported the report on the European High Performance Computing (EuroHPC) initiative, aimed at fostering European dominance in reliable AI, with 525 votes in favour, 32 against, and 21 abstentions. This initiative, a component of the AI innovation package unveiled by the EC in January to aid AI startups and SMEs, includes the establishment of AI Factories as a proposed amendment. The work on this proposal will be carried over to the next European Parliament.

DG CONNECT HOSTS THIRD DIGITAL SERVICES BOARD MEETING

On the 25 April, DG CONNECT hosted the third meeting of the European Board for Digital Services. The meeting covered several key topics related to the implementation of the Digital Services Act (DSA). Discussions were held on the guidelines for the upcoming elections, the results of the recent stress test evaluating platforms' readiness to tackle electoral manipulation, and updates on the codes of practice addressing disinformation and hate speech.

The Board also discussed the enforcement of the DSA, the development of guidelines for handling potential incidents, and the ongoing work relating to data access provisions under the Act. These deliberations are crucial as the EU strives to create a safe and trustworthy online environment while upholding fundamental rights and democratic values. The European Board for Digital Services is set to reconvene on 28 May.

DSA: EC TESTS ONLINE PLATFORM READINESS AHEAD OF ELECTIONS

On the 24 April, the EC conducted a stress test involving major digital platforms, Digital Service Coordinators, and civil society organisations. The purpose of the exercise was to evaluate their preparedness in tackling electoral manipulation and interference ahead of the forthcoming European elections. Fictional scenarios were presented, based on past experiences and cyber threats, to assess the platforms' readiness to deal with manipulative behaviour. The participants tested various measures and procedures, identified areas for improvement, and highlighted the importance of cooperation between all stakeholders.

Safeguarding the integrity of the 2024 European Elections is a key priority for the Commission. This stress test forms part of a broader set of actions being taken to ensure free and fair elections, despite the persistent attempts by certain actors to manipulate the electoral process. The Commission remains vigilant against such threats.

DSA: VLOPS AND SEARCH ENGINES TO PUBLISH ADDITIONAL REPORTS

Online platforms have been mandated to publish transparency reports detailing their content moderation practices by 6 May, part of the Digital Services Act's provisions enhancing transparency and accountability. These reports, complementing the public Transparency Database, must contain comprehensive data including user notifications, trusted flagger submissions, automatically removed content volumes, compliance with legal orders, accuracy metrics for automated systems, and the composition of moderation teams. Very Large Online Platforms (VLOPs) and major search engines have been publishing such reports every six months since October 2023, while smaller platforms now face annual reporting requirements following the DSA's full application since February. To ensure consistency, the European Commission is adopting standardised reporting templates and harmonised timeframes through an implementing act.

EU PUBLISHES EMFA ON OFFICIAL JOURNAL

The European Media Freedom Act (EMFA), published on 17 April, enters into force on 7 May across the EU. Proposed in 2022, the regulation obliges Member States to uphold the public's right to access pluralistic, editorially independent content and respect the editorial freedom of Media Service Providers (MSPs). It enforces protection of journalistic sources and confidential communications. Crucially, deployment of invasive surveillance software requires case-by-case justification based on overriding public interest, proportionality, judicial authorisation for serious crimes, and informing subjects post-surveillance to enable legal challenges. Moreover, the Act regulates how very large online platforms must handle content from recognised MSPs adhering to editorial standards. Platforms must justify removals to MSPs, allowing response windows, with mediation mechanisms for disputes. 

COUNCIL APPROVES EU-JAPAN DATA PROTOCOL

The Council has adopted a decision to conclude a protocol incorporating provisions on cross-border data flows into the existing EU-Japan Economic Partnership Agreement. This protocol will provide greater legal certainty by ensuring data can flow freely between the two partners without being impeded by unjustified data localisation requirements, while upholding data protection rules and regulations governing the digital economy. Companies will benefit from a predictable legal framework allowing efficient data handling without cumbersome administrative or storage obligations. The removal of data localisation mandates will prevent additional costs and complexities associated with building duplicate data storage facilities across multiple locations, enhancing competitiveness and data security. Crucially, the protocol guarantees full respect for the EU and Japan's personal data protection and privacy laws that foster trust in the digital economy. Once ratified by Japan and following the completion of internal procedures, the protocol can enter into force.

DATES FOR YOUR DIARY

6 May: The Consolidation of Digital Authoritarianism and Looming Threat of Artificial Intelligence (GCFR)

9 May: IP Management in ICT Projects (The European Innovation Council and SMEs Executive Agency)

14 May: TIC Summit (TIC Council)

14 May: European Elections Lab 3: Countering disinformation in the media (EAEA)

14 May: Secure Open Source Software (SOSS) Policy Summit EU 2024 (The Open Source Security Foundation and CEPS)

15 May: External Workshop about the usage of satellite technologies in mobile communications (BEREC)

15 May: Impact'24 (ImpactCEE)

15 May: Greentech Festival (EIT)

15 May: European Digital Summit 2024 (European Business Summits)

16 May: Webinar & Horizon Results Platform: IP and Software (EISMEA)

Stand: 06.05.2024