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Digital Platforms and Markets Updates: the latest news from the European Commission | #2

Digital Platforms and Markets: a review of the latest updates from the European Commission

Digital Markets Act: high-level Group agrees to coordinate efforts to ensure AI development aligns with DMA Goals (May 23, 2024)

On May 22, 2024, the High-Level Group for the DMA met for the third time in Brussels, deliberated on the need to coordinate regulatory enforcement actions and adopted a public statement on artificial intelligence.

Additionally, it was decided to create a dedicated subgroup to delve into AI-related aspects, which will:

  • monitor developments in this critical sector, exploring the interactions between the DMA and other regulatory instruments;
  • continue to exchange application experiences and regulatory expertise relevant to the implementation and enforcement of the DMA, including in relation to AI;
  • develop appropriate tools to ensure effective cooperation that leads to a coherent regulatory approach between the DMA and other legal instruments.

Digital Services Act: the Commission orders Microsoft to provide Information on the risks of generative AI related to Bing (May 17, 2024)

The Commission has intensified monitoring actions against Microsoft after it failed to respond to the formal request for information on risks, based on the suspicion that Bing, particularly with its “Copilot in Bing” and “Image Creator by Designer” services, may have violated DSA rules concerning the risks associated with generative AI.

Under the DSA, designated services (including Bing) must conduct adequate risk assessments and adopt necessary mitigation measures. Microsoft has until May 27, 2024, to provide the requested information; if it fails to respond by this deadline, the Commission may impose the sanctions provided by the Regulation.

The Commission believes that the suspected DSA violations may pose risks related to civic aspects and electoral processes.

Digital Services Act: the Commission initiates formal proceedings against Meta regarding the protection of minors on Facebook and Instagram (May 16, 2024)

The Commission has initiated formal proceedings to assess whether Meta, the provider of Facebook and Instagram, may have violated the DSA concerning the protection of minors. The proceedings focus on two main behaviors:

  • the dependency that the use of the two social networks may induce in minors, producing the so-called “rabbit-hole effect“;
  • the methods of verifying the actual and effective age of users.

The initiation of the proceedings is based on the risk assessment report sent by Meta in September 2023 in response to previous requests for information from the Commission and is connected to the obligations to mitigate risks arising from the design of online interfaces, prevent minors from accessing inappropriate content, and implement measures to ensure a high level of privacy, safety and protection for minors.

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