The European Audiovisual Observatory published, on Thursday 21 July, a study analysing the main legal challenges for the EU in the field of online advertising.
While the study welcomes the work carried out in recent years with, in particular, the Audiovisual Media Services Directive (AVMSD) (see EUROPE 12956/31), the Digital Services Act (DSA) (see EUROPE 12986/3) and the future legislation on transparency and targeting of political advertising (see EUROPE 12991/29), the Observatory also calls for caution.
The text indicates that the numerous legal areas covered by the texts imply that responsibility for their correct application lies with multiple authorities, affecting data, consumer protection or large platforms. This could create the “risk of an inconsistent application, which does not adequately protect all the different values at stake or which is not considered a priority by one of the different competent supervisory authorities”, according to the study.
In addition, the authors of the study state that the creation of a digital services coordinator - established under the DSA to facilitate collaboration between the relevant supervisory authorities - will be a key factor in determining the way in which the texts relating to the field of advertising will be applied.
However, the text points out that while the DSA is an important step forward, there is also uncertainty about “the conditions under which targeted advertising should be considered manipulative and prohibited”.
See the study: https://aeur.eu/f/2py (Original version in French by Thomas Mangin)