AIG Newsletter 8 April 2024

News

In this week’s edition: The Commission has launched several new investigations under the DMA framework and has published guidelines to protect the integrity of the 2024 European Parliament elections. The CJEU has rejected Amazon's bid to suspend its obligation to publicly disclose details about its online advertising. In the European Parliament, the IMCO Committee has been discussing the implementation of the DMA and discussing ways to combat greenwashing, and the ECON committee has adopted its report on retail investor protection. Finally, the 6th meeting of the EU-US Trade and Technology Council took place, with the partners reaffirming their commitment to advancing cooperation on emerging technologies and upholding shared values.

EC OPENS FURTHER INVESTIGATIONS UNDER THE DMA FRAMEWORK

On 25 March, the EC opened several non-compliance investigations under the DMA framework. The investigations concern Alphabet's rules on steering in Google Play and self-preferencing on Google Search, Apple's rules on steering in the App Store and the choice screen for Safari and Meta's “pay or consent model”. The Commission also launched investigatory steps relating to Apple's new fee structure for alternative app stores and Amazon's ranking practices on its marketplace. The Commission aims to conclude these investigations within 12 months. In case of infringements, the Commission can impose fines and remedies, including business divestiture or acquisition bans.

EC PUBLISHES GUIDELINES TO PROTECT INTEGRITY OF ELECTIONS

On 26 March, the EC published its guidelines on recommended measures for VLOPs and VLOSEs to mitigate systemic risks online that may impact the integrity of elections, with a specific focus on the EP Elections 2024. The guidelines take into consideration the findings from the public consultation launched by the EC and the opinion of Digital Services Coordinators. In addition, the guidelines encourage closer cooperation with the European Digital Media Observatory (EDMO) Task Force on the 2024 European elections.

The signatories of the Code of Practice on Disinformation, including providers like Google, Meta, Microsoft, and TikTok, released their third set of reports outlining their efforts to counter disinformation online with a specific focus on the upcoming European elections. These reports, accessible via the Transparency Centre, detail the platforms’ current and planned actions, along with safeguards addressing risks associated with generative AI.

CJEU: AMAZON’S REQUEST TO SUSPEND AD REPOSITORY REJECTED

On 27 March, the CJEU rejected Amazon's request to suspend its obligation to publicly disclose detailed information about its online advertising. The decision stems from the EC's designation of the Amazon Store as a VLOP under the DSA which imposes specific obligations on Amazon, including making an advertisement repository available to the public. Amazon challenged the decision and requested interim measures to suspend the obligation which were initially granted by the President of the General Court but later challenged by the EC. 

The VP of the Court of Justice overturned the suspension because the EC was not given an opportunity to address Amazon's arguments during the initial proceedings. The ruling highlighted Amazon's concerns about the obligations violating its rights to privacy and freedom to conduct business but thought it did not justify suspending the EC's decision. The Court found that refusing the suspension would not cause Amazon irreparable harm and emphasised the importance of the DSA in protecting fundamental rights in the online environment. The Court ruled that the interests of the EU in enforcing this regulation outweighed Amazon's commercial interests, leading to the rejection of Amazon's request for interim measures to suspend its obligations.

EP IMCO MEETS VESTAGER ON THE IMPLEMENTATION OF THE DMA

On 3 April, the EP IMCO Committee held an exchange of views with EC Vice-President Vestager on the implementation of the Digital Markets Act, looking specifically at compliance, with a focus on self-preferencing and app stores.

Vestager emphasised the EC's commitment to establish a rulebook for the digital world as a top priority. She explained that recent investigations have been initiated on Meta, Apple, and Alphabet regarding their compliance with the DMA, with gatekeepers instructed to retain relevant documents. While six companies were designated as gatekeepers by September 2023, investigations on Microsoft and Apple concluded that their services did not fall under the DMA. Vestager noted that tangible results from DMA compliance will take time, but some changes were already noticeable. Vestager said that a progress report on the DMA is expected in September.

EP IMCO DISCUSSES ENFORCEMENT OF CONSUMER RIGHTS TO COMBAT GREENWASHING

On 3 April, the EP’s IMCO Committee convened a meeting to discuss the enforcement of consumer rights to combat greenwashing. The discussion began with the IMCO Chair’s stating that the IMCO Committee was committed to protecting consumers from misleading environmental practices. A representative from the European Union Agency for Fundamental Rights (FRA) gave a presentation and presented a report examining the application of relevant legal frameworks to determine whether they adequately ensure consumers’ access to reliable information about the environmental impact of products and services, and whether companies can be properly held accountable for greenwashing.

EU-US HOLDS SIXTH TRADE AND TECHNOLOGY COUNCIL

The sixth meeting of the EU-US Trade and Technology Council (TTC) was held in Leuven, Belgium on 5 April, with representatives from the EU and the US discussing a range of issues. The TTC serves as a key forum for cooperation on transatlantic trade and technology matters, and the meeting addressed topics such as AI, 6G technology, semiconductors, digital skills, sustainable trade, economic security, and the defence of human rights and democratic values online. The meeting took place against a challenging geopolitical backdrop, including Russia's war in Ukraine and global economic pressures. However, both sides reaffirmed their commitment to advancing transatlantic leadership on emerging technologies, facilitating bilateral trade and investment, and upholding shared values. The partners agreed to continue the technical work of the TTC, with plans to engage with stakeholders to gather views on the future direction of the forum.

EP ECON ADOPTS REPORT ON RETAIL INVESTOR PROTECTION RULES

The EP's ECON Committee Report on the proposal for a directive of the European Parliament and of the Council amending Directives (EU) 2009/65/EC, 2009/138/EC, 2011/61/EU, 2014/65/EU and (EU) 2016/97 as regards the Union retail investor protection rules, which was adopted on 20 March. The consolidated text can be found here

DATES FOR YOUR DIARY

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

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)

16 April: IP for Future and Emerging Technologies. (The European Innovation Council and SMEs Executive Agency)

16 April: Technology and Ukraine: Lessons from the Front Line. (DigitalEurope)

18 April: Citizens can defeat disinformation 2024 - Civil society for an open democratic debate (European Economic and Social Committee)

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

23 April: The Great Debate - Retail Media. (IAB Europe)

23 April: Webinar IP and Artificial Intelligence – Advanced. (EISMEA)

23 April: European Cyber Agora 2024. (The German Marshall Fund & Microsoft)

24 April: AI in the economy: balancing disruption and development. (Bruegel)

23 April: AI talks @ ETUI: How can we use the AI Act to defend our rights? (ETUI)

30 April: Ad Fraud in Digital Advertising. (IAB Europe)

Stand: 08.04.2024