AIG Newsletter 21 October 2024

News

In this week's edition: The EP confirms timeline for Commissioner-designate hearings in November. The EDPB releases updated guidelines on Art 5(3) of the e-Privacy Directive. MEPs debate with Commissioner Jourová on disinformation and protecting media freedom. It also adopts its work programme for 2024-2025, including guidelines on legitimate interest data processing. The EC publishes a review of the EU-US Data Privacy Framework. The CJEU limits social networks' use of personal data for targeted advertising. EPRS publishes brief on Commissioner-designate Virkkunen. The EC calls for tenders to study the impact of emerging technologies on digital market regulation.

EP CONFIRMS TIMELINE FOR COMMISSIONER-DESIGNATE HEARINGS

In preparation for the hearings, the Parliament's leadership has approved a set of written questions formulated by the various committees. These questions will be used during the upcoming hearings to scrutinise the Commissioner-designates. Of particular interest are the hearings of Michael McGrath (5 November) and Henna Virkkunen (12 November).

EDPB PUBLISHES UPDATED E-PRIVACY ART 5(3) GUIDELINES

The EDPB has released an updated version of its Guidelines 2/2023 on 16 October, addressing the technical scope of Article 5(3) of the e-Privacy Directive. This revision followed a public consultation on the initial version published in November 2023. The document is structured into three main sections: an introduction highlighting the importance of addressing ambiguities in the Article's application, a breakdown of key criteria for the Article's applicability, and a series of use cases. These use cases cover URL, and pixel tracking, local processing, IP-based tracking, intermittent and mediated IoT reporting, and unique identifier tracking.

MEPS DISCUSS MEDIA FREEDOM WITH COMMISSIONER JOUROVA

On 7 October, the EP held a plenary debate with the EC on combating fake news, populism, and disinformation in the EU, emphasising the importance of public broadcasting, media pluralism, and independent journalism. Commissioner Jourová highlighted the growing threats of disinformation and the EU's efforts to counter them, including the EMFA. She stressed that EU actions did not limit free speech but aimed to protect independent media. There was widespread support for ensuring media freedom, with MEPs calling for updates to the DSA, transparency in algorithms, AI content labelling, and increased public funding for independent media. Other suggestions included using AI to support democracy and training people to resist disinformation.

EDPB ADOPTS MULTIPLE OPINIONS AND PUBLISHES WORK PROGRAMME 2024-2025

On 9 October, the EDPB adopted several significant documents during its plenary session. These included an opinion on processor and sub-processor obligations, guidelines on processing personal data based on legitimate interest (open for public consultation until 20 November 2024), a statement supporting amendments to GDPR enforcement procedural rules, and the EDPB's 2024-2025 work programme. The processor/sub-processor opinion clarifies controllers' responsibilities, while the guidelines outlined criteria for lawful data processing based on legitimate interest. The statement on GDPR enforcement recommended improvements for inter-authority cooperation. The work programme focussed on implementing the EDPB strategy and addressing stakeholder priorities.

EC PUBLISHES REPORT ON EU-US DATA PRIVACY FRAMEWORK REVIEW

On 9 October, the EC released a report following the initial review of the adequacy decision for the EU-US Data Privacy Framework. The review revealed that US authorities had implemented all essential elements of the framework, including safeguards to restrict access to personal data by US intelligence agencies for national security purposes and to establish an independent and impartial redress mechanism. The report also offers recommendations to ensure the Framework's continued effectiveness. Notably, the document incorporates input from a diverse range of stakeholders, including civil society organisations, trade associations, EU data protection authorities, and US government bodies.

CJEU RULING: NOT ALL PERSONAL DATA CAN BE USED FOR TARGETED ADVERTISING

In a significant ruling concerning data protection and privacy, the CJEU determined that online social networks cannot use all personal data obtained for targeted advertising without restrictions or distinctions. Notably, it ruled that Maximilian Schrem's public disclosure of his sexual orientation during a panel discussion did not authorise Facebook to process other data related to his sexual orientation gathered from outside the platform for personalised advertising purposes. This decision emphasised the principle of data minimisation and limits the extent to which social media platforms can aggregate and analyse sensitive personal information, even when some of that information has been made public by the user.

EPRS RELEASES BRIEF AHEAD OF VIRKKUNEN'S CONFIRMATION HEARING

The brief noted that Henna Virkkunen, a seasoned member of the EP since 2014, had been appointed Executive Vice-President for Tech Sovereignty, Security and Democracy. Her extensive portfolio encompassed digital issues, cybersecurity, defence, and media freedom. Virkkunen will oversee the implementation of key digital regulations, contribute to the EU's defence capabilities, and address online consumer protection. Her responsibilities include developing a digital fairness act, combating cyberbullying, and assessing the impact of virtual worlds.

DG CONNECT CALL FOR TENDERS FOR STUDY INTO EMERGING TECHNOLOGIES

The EC has initiated a call for tenders for a study examining the potential impact of emerging technologies on digital market regulation, with a particular focus on the DMA. The study aims to assess how these technologies might affect existing online platforms and the implementation of current regulatory frameworks. It will investigate the policies and measures that platforms adopt when deploying new technologies, considering their need to comply with the DMA. By monitoring technologies in their early stages, the Commission intends to proactively address any issues related to gatekeepers' compliance with the DMA. Interested parties have until 18 November to submit their tenders for this research project

DATES FOR YOUR DIARY

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

30 October: Horizon Europe Digital Technologies (Latvian Council of Science)

4 November: The EP hearings of the Commissioners-designate begin

12 November: Building a safer digital environment - Protecting consumers in the EU (Euractiv)

Stand: 21.10.2024