There is a flurry of new EU initiatives to regulate the metaverse. Last week, the European Commission launched a public consultation (open until May 3, 2023) to “develop a vision for emerging virtual worlds (e.g. metaverses), based on respect for digital rights and EU laws and values” such that “open, interoperable and innovative virtual worlds … can be used safely and with confidence by the public and businesses.” Continue Reading Regulating the Metaverse in Europe
UK ICO Provides Guidance On When A Service Is “Likely To Be Accessed By Children” And Needs To Comply With Its Age-Appropriate Design Code
The UK Information Commissioner’s Office (“ICO”) recently published detailed draft guidance on what “likely to be accessed” by children means in the context of its Age-Appropriate Design Code (“Code”), which came into force on September 2, 2020. The Code applies to online services “likely to be accessed by children” in the UK. “Children” are individuals under the age of 18. In order to determine whether an online service is “likely to be accessed” by children, companies must assess whether the nature and content of the service has “particular appeal for children” and “the way in which the service was accessed”. This new draft guidance provides further assistance on how to make this assessment, and is undergoing a public consultation until May 19, 2023.Continue Reading UK ICO Provides Guidance On When A Service Is “Likely To Be Accessed By Children” And Needs To Comply With Its Age-Appropriate Design Code
A Preview into the European Parliament’s Position on the EU’s AI Act Proposal
The EU’s AI Act Proposal is continuing to make its way through the ordinary legislative procedure. In December 2022, the Council published its sixth and final compromise text (see our previous blog post), and over the last few months, the European Parliament has been negotiating its own amendments to the AI Act Proposal. The European Parliament is expected to finalize its position in the upcoming weeks, before entering into trilogue negotiations with the Commission and the Council, which could begin as early as April 2023. The AI Act is expected to be adopted before the end of 2023, during the Spanish presidency of the Council, and ahead of the European elections in 2024.
During negotiations between the Council and the European Parliament, we can expect further changes to the Commission’s AI Act proposal, in an attempt to iron out any differences and agree on a final version of the Act. Below, we outline the key amendments proposed by the European Parliament in the course of its negotiations with the Council.Continue Reading A Preview into the European Parliament’s Position on the EU’s AI Act Proposal
Age Verification: State of Play and Key Developments in the EU and UK
Regulators in Europe and beyond have been ramping up their efforts related to online safety for minors, through new legislation, guidance, and by promoting self-regulatory tools. We discuss below recent developments in the EU and UK on age verification online.Continue Reading Age Verification: State of Play and Key Developments in the EU and UK
UK Information Commissioner’s Office Publishes Guidance for Video Game Developers and Designers to Improve Data Protection in their Services
On February 16, 2023, the UK Information Commissioner’s Office (“ICO”) released guidance for the video game industry on how to conform with the UK’s Age Appropriate Design Code when developing video games. This blog post summarizes the ICO’s recommendations for video game developers and designers when creating video games that are likely to be accessed by children under the age of 18. For more information about the UK’s Age Appropriate Design Code, see our previous blog posts here and here.Continue Reading UK Information Commissioner’s Office Publishes Guidance for Video Game Developers and Designers to Improve Data Protection in their Services
European Commission Plans to Improve Cooperation Between Supervisory Authorities in Cross-Border GDPR Cases
On February 20, 2023, the European Commission launched an initiative to further specify procedural aspects relating to the enforcement of the GDPR (“ procedural initiative”). The aim of the procedural initiative is to clarify the administrative procedure that applies in cross-border investigations and enforcement under the GDPR. These rules are expected to clarify and complement the existing rules on cooperation and dispute resolution under GDPR Articles 60 and 65.
This procedural initiative was announced in the Commission’s work program for 2023, and the text of the proposal is not yet available. The European Commission is expecting to publish a draft regulation on procedural rules relating to the enforcement of the GDPR in Q2 2023.Continue Reading European Commission Plans to Improve Cooperation Between Supervisory Authorities in Cross-Border GDPR Cases
The EU Stance on Dark Patterns
On December 9, 2022, the European Commissioner for Justice and Consumer Protection, Didier Reynders, announced that the European Commission will focus its next 2023 mandate on regulating dark patterns, alongside transparency in the online advertising market and cookie fatigue. As part of this mandate, the EU’s Consumer Protection Cooperation (“CPC”) Network, conducted a sweep of 399 retail websites and apps for dark patterns, and found that nearly 40% of online shopping websites rely on manipulative practices to exploit consumers’ vulnerabilities or trick them.
In order to enforce these issues, the EU does not have a single legislation that regulates dark patterns, but there are multiple regulations that discuss dark patterns and that may be used as a tool to protect consumers from dark patterns. This includes the General Data Protection Regulation (“GDPR”), the Digital Services Act (“DSA”), the Digital Markets Act (“DMA”), and the Unfair Commercial Practices Directive (“UCPD”), as well as proposed regulations such as the AI Act and Data Act.
As a result, there are several regulations and guidelines that organizations must consider when assessing whether their practices may be deemed as a dark pattern. In this blog post, we will provide a snapshot of the current EU legislation that regulates dark patterns as well as upcoming legislative updates that will regulate dark patterns alongside the current legal framework.Continue Reading The EU Stance on Dark Patterns
EU Digital Partnerships with Asia: A New Path Towards Enhanced Digital Collaboration and Opportunities
In 2022, the European Union announced the creation of Digital Partnerships with three Asian countries: Japan, South Korea and Singapore. This is in line with the EU’s Digital Compass strategy which seeks to make the European Union the most connected continent by 2030. The European Commission is expanding its connections between Europe and the rest of the world to address the digital divide and further develop a sustainable digital economy with trusted partners.
Below we set out the key points from the Digital Partnerships that the European Commission has announced with Japan, South Korea and Singapore, respectively.Continue Reading EU Digital Partnerships with Asia: A New Path Towards Enhanced Digital Collaboration and Opportunities
EDPS Issues Opinion on Negotiating Directives for Council of Europe’s AI Convention
On October 13, 2022, the European Data Protection Supervisor (“EDPS”) released its Opinion 20/2022 on a Recommendation issued by the European Commission in August 2022 calling for a Council Decision authorising the opening of negotiations on behalf of the European Union for a Council of Europe convention on artificial intelligence
Continue Reading EDPS Issues Opinion on Negotiating Directives for Council of Europe’s AI ConventionEuropean Parliament Adopts DSA
On July 5, 2022, the European Parliament adopted the Digital Services Act (“DSA”) with 539 votes in favor, 54 votes against and 30 abstentions, following the political deal reached on April 23, 2022 (see our previous blog here).
Key aspects
The DSA is addressed to providers of intermediary services
Continue Reading European Parliament Adopts DSA