AIG Newsletter 7 October 2024

News

In this week's edition: The EC unveils a practical guide to the Data Governance Act, whilst the EP prepares to vet Commissioners-designate. ITRE expresses concerns over slow progress towards 2030 digitalisation targets. The European Board for Digital Services discusses hate speech codes of conduct. Over 100 companies sign the EU AI Pact. The inaugural plenary for developing the General-Purpose AI Code of Practice takes place and working group chairs have been announced. The Belgian DPA releases guidance on AI systems and GDPR compliance, whilst the EC publishes its long awaited Digital Fairness Fitness Check Report. 

EC PUBLISHES DATA GOVERNANCE ACT PRACTICAL GUIDE

A year after the Data Governance Act came into force, the EC has released a practical but non-legally binding guide covering key areas such as the re-use of protected data held by public bodies, requirements for data intermediation services providers, data altruism, and international data access and transfers. 

EP OUTLINES TIMELINE OF COMMISSIONERS' HEARINGS

The EP outlined the process for vetting Commissioners-designate, with hearings scheduled for 4-12 November, pending the Legal Affairs Committee's approval on 18 October. Each nominee will face a three-hour grilling by up to four relevant committees, based on their designated portfolios. Henna Virkkunen, the prospective Executive Vice-President for Tech Sovereignty, Security and Democracy, will be questioned by the ITRE and IMCO Committees. Candidates may face additional scrutiny if not unanimously approved after their initial hearing. The Parliament will then vote on the entire College of Commissioners by simple majority in a plenary session, tentatively set for 25 November.

ITRE DISCUSSES STATE OF DIGITAL DECADE POLICY PROGRAMME

On 30 September, ITRE received a briefing from DG Connect on the second report assessing the Digital Decade Policy Programme's progress. Renate Nikolay (DG Connect) highlighted that whilst some advancements have been made towards digital transition, the overall pace was insufficient to meet the 2030 digitalisation targets, echoing concerns raised the Draghi report. The EC has prepared tailored recommendations for Member States to address these shortcomings. 

THE EUROPEAN BOARD FOR DIGITAL SERVICES MEETS AGAIN

On 25 September, DG Connect convened the seventh meeting of the European Board for Digital Services. During the session, the Board adopted both its Annual Work Plan and conclusions on the draft Code of Conduct for countering illegal hate speech online. The role of Digital Services Coordinators was examined, with a focus on priorities, investigations, and enforcement activities. The Board's next meeting is scheduled for 25 October. 

BELGIAN DPA RELEASES GUIDANCE ON AI SYSTEMS AND GDPR INTERPLAY

The Belgian DPA guidance emphasised that organisations processing personal data using AI systems must comply with both GDPR and the AI Act. It also highlighted the essential role of data protection officers, the need for clear information provision and retention policies, differing approaches to automated decision-making, enhanced security standards for high-risk AI systems, and complementary transparency obligations. The AI Act also introduced additional requirements such as risk assessments, continuous monitoring, and human oversight throughout an AI system's lifecycle. 

OVER 100 COMPANIES SIGN EU AI PACT & VOLUNTARY PLEDGES

Over 100 companies from various sectors signed the EU AI Pact and its voluntary pledges. This initiative encouraged organisations to adopt AI Act principles early and was designed to foster collaboration between the EU AI Office and stakeholders. Signatories have essentially committed to at least three core actions: developing an AI governance strategy, mapping high-risk AI systems, and promoting AI literacy among staff. Many companies have also committed to additional pledges, such as ensuring human oversight and the transparent labelling of AI-generated content. The Pact remains open for new signatories until the AI Act's full implementation.

GENERAL-PURPOSE AI CODE OF PRACTICE FIRST PLENARY TAKES PLACE

On 30 September, the EC's AI Office convened the inaugural online Plenary to develop the Code of Practice for general purpose AI. The event drew over a thousand participants from diverse sectors, including AI model providers, industry, civil society, and academia. During the meeting, the AI Office presented initial findings from a stakeholder consultation conducted earlier in the summer. 

COMMISSION ANNOUNCES AI CODE OF PRACTICE CHAIRS

Four working groups, led by distinguished Chairs and Vice-Chairs with diverse expertise in AI, law, and governance, will address key areas such as transparency, copyright, risk assessment, and internal governance. These experts will guide discussions and synthesise input from October 2024 to April 2025, aiming to present a final draft of the Code of Practice by April 2025. 

COMMISSION PUBLISHES DIGITAL FITNESS CHECK REPORT

The EC published the results of its Digital Fairness Fitness Check, assessing the effectiveness of EU consumer protection laws in the digital environment. The evaluation found that whilst these rules remain relevant, they need adaptation to address specific online challenges. The findings highlight issues such as dark patterns, addictive design, and personalised targeting that exploit consumer vulnerabilities, costing EU consumers at least €7.9 billion annually. The report also notes fragmented national laws and insufficient enforcement as barriers to effective consumer protection. In response, the EC suggests the need for further action, including tackling harmful practices, increasing legal certainty, and ensuring coherent application of EU consumer law alongside the digital rulebook. Future initiatives may include the development of a Digital Fairness Act.

DATES FOR YOUR DIARY

9 October: EU Digital Assembly (Living-in.EU)

15 October: All Digital Summit (All Digital Summit, co-funded by the EU)

16 October: The Great Debate - Trust and Transparency (IAB Europe)

17 October: 1st CEF Digital Community Event (European Commission)

30 October: The Great Debate Retail Media (IAB Europe)

Stand: 07.10.2024