Werbung und Marktkommunikation, Fachgruppe

AIG Newsletter 25 January 2023

Advertising Information Group-Newsletter

Lesedauer: 3 Minuten

13.03.2023

POLITICAL ADVERTISING

POLITICAL ADVERTISING

EP IMCO adopted its report on Transparency and targeting of Political Advertising

On 24 January, the IMCO Committee adopted its draft report on Transparency and targeting of Political Advertising. During the meeting the Rapporteur Sandro Gozi underlined the importance of building a true single market for political advertising. MEPs agreed on several changes concerning the rules proposed by the Commission. The report focused on providing greater transparency in terms of information accessibility. An online repository will be created to gather all the online political advertisements and online providers will not be able to carry out micro-targeting activities, with new sanctions to be introduced for breaches of the obligations set out. The vote of the EP plenary is expected to be during the session on 1-2 February. If agreed, it is expected that trilogues will begin.

AIG EXCHANGE

AIG partners meet to discuss policy issues impacting the advertising industry

Yesterday, AIG partners met, along with the WFA, to discuss the latest developments on relevant EU legislative files. The group discussed the EU’s Farm to Fork Strategy and Beating Cancer Action plan, and the implications this would have for alcohol/food advertising, as well as the EU’s proposal on political advertising, which the EU institutions are finalising their positions on. AIG partners are still finalising their own positions on the European Media Freedom Act (EMFA), which sets out new rules intended to safeguard media pluralism and independence but includes transparency requirements around audience measurement systems. AIG also co-signed a joint-letter, coordinated by FEDMA, which calls for the Data Act’s proposed text to be better aligned with the GDPR.

DIGITAL

The Digital Decade policy programme comes into force

On 9 January, the Digital Decade Policy Programme 2030 came into force. It includes objectives and targets which cover a range of topics: digital skills, digital infrastructure (connectivity, computing and data infrastructure), digitalisation of businesses (using new technologies as AI, cloud etc.) and online public services. The Programme’s objectives will be assessed through an annual progress report, to be published from June 2023 onwards. It will also introduce a Digital Decade Board which will look to strengthen cooperation between the Commission and EUMS. As next steps, we expect to see the development of key performance indicators, in order to monitor the progress made in meeting each of the set targets. Member States will have 9 months to develop their first strategic roadmaps (deadline October 2023).

DATA

Administrative and civil remedies provided by GDPR could be exercised together/independently of each other

On 12 January, the CJEU ruled that the administrative and civil remedies provided for by GDPR could be exercised together, or independently, of each other. Additionally, it is for Member States to ensure that the parallel exercise of the remedies does not prejudice the application of the GDPR. Context: the question was first posed when an individual did not receive the full sound recording of a general meeting. The person in question had requested the recording from a company of which he is a stakeholder. The case was submitted to both the Hungarian supervisory authority responsible under the GDPR, and the Hungarian civil courts. The Budapest High Court asked the CJEU whether it was bound by the final judgment of the civil courts, leading to the CJEU handing down its judgment.

CJEU: Individuals have the right to know who their personal data has been disclosed to

The CJEU also published a press release on its judgement on Case C-154/21, concerning Österreichische Post, which received a request from an Austrian citizen to provide information on the recipients of his personal data. In its judgement, the CJEU held that the data subject’s right of access is necessary to enable him to exercise other rights conferred by GDPR. Namely, the right to be forgotten. The case sets an important legal precedent on the scope of GDPR rights bestowed on EU citizens.