Legal News

What are GPAI models? The EU Artificial Intelligence Act ( EU AI Act) primarily targets AI systems, especially those labelled high-risk. This stems from the EU’s risk-based methodology adopted by the EU. In its final form, the EU AI Act also expressly brings general purpose AI ( GPAI) models within the scope of regulation. Although AI models are vital building blocks of AI systems, they are not, by themselves, AI systems at all. In essence, a model comprises large collections of parameters—sometimes running into billions—that can be applied to input data to generate an output. To operate as an AI system, additional components are required, for example a software interface. Under the EU AI Act, GPAI models are described as models showing broad output generality and able to address a wide range of distinct tasks. Frequently, these models will often have been trained on large...

From 17 February 2024, the DSA, the EU’s flagship rulebook designed to make the online environment safer, fairer and more transparent, starts applying to all online intermediaries in the EU. With the DSA in force, people in the EU gain stronger protection from unlawful goods and content, and their rights are safeguarded on online platforms where they connect with other users, interact, exchange information, or purchase products. New responsibilities for platforms and empowered users All online platforms serving users in the EU, except small and micro enterprises employing fewer than 50 persons and with an annual turnover under €10m, must implement measures to: Counter illegal content, goods and services: online platforms must give users ways to flag unlawful content, including goods and services, on their services. Work with 'trusted flaggers': specialised entities whose notices must be given priority treatment by...

Meta Platforms' Irish court challenge against enforcement over EU- US data transfers Meta Platforms’ legal bid in Ireland contesting enforcement actions tied to EU- US data transfers will include the participation of renowned activist Max Schrems, the original complainant. The Austrian privacy advocate, who has twice toppled EU- US data transfer accords, received leave on 13 February 2024 to take part in Meta’s Irish High Court appeal......

GDPR— European Parliament position misses the mark, with enforcement becoming even more complicated 14 February 2024 Brussels, BELGIUM: On 15 February 2024, the European Parliament’s leading Civil Liberties ( LIBE) Committee is poised to adopt its position on a proposal setting out additional procedural rules for the enforcement of the General Data Protection Regulation ( GDPR). Yet, rather than enhancing the primary EU privacy framework, LIBE seems ready to do precisely the reverse. The Commission’s original aim was to streamline cross‑border data protection procedures. By contrast, the LIBE Committee now proposes granting complainants significantly broader powers to intervene in cases, whilst narrowing those afforded to parties that are subject to investigation and regulatory scrutiny in such proceedings instead, as originally intended......

As for Apple, there will be no immediate obligation to make i Message work with competing chat apps like Meta Platforms' Whats App or Telegram. After a detailed review of the submissions and feedback from relevant stakeholders, and having consulted the Digital Markets Advisory Committee, the Commission concluded that i Message, Bing, Edge, and Microsoft Advertising do not meet the threshold for gatekeeper status, the regulator said. It added that it will keep closely tracking market developments around these services, and revisit the situation if there are significant changes. The DMA takes effect on 6 March 2024, under which major platforms run by the likes of Amazon, Google and Apple must also stay open and interoperable for business customers......

Next month, Tik Tok plans to launch an in-app ‘local language election centre’ for each of the 27 EU Member States and will establish an elections unit at its Dublin base, according to Kevin Morgan, Tik Tok’s European head of trust and safety. Alongside efforts to counter falsehoods about elections, the platform is also moving to address deceptive AI-generated material, Morgan added......

The UK withdrew from the Unified Patent Court ( UPC) of the EU in 2020 and law firms are banking on the government in Dublin, to ratify the UPC agreement. The UK stepped away from the UPC in 2020. At the time, ministers argued that a tribunal applying EU law and subject to the EU’s highest court “is clearly inconsistent with our objective of becoming an independent self-governing nation”. Nonetheless, specialists report that since its June debut the UPC has already reshaped the landscape, cutting costs and simplifying both patent filings and enforcement. The system brings in a single ‘unitary’ patent alongside a unified forum for infringement and revocation cases, presently spanning 17 EU Member States (for the time being). Unsurprisingly, practitioners in England are keen to stay engaged. “ Most firms with significant patent litigation practices [in London] have invested in seeking UPC work”, said...

Statement follows: Commission is gathering views on draft DSA guidelines for election integrity Today, the Commission opened a public consultation inviting feedback on draft Digital Services Act ( DSA) guidelines concerning the integrity of electoral processes. These represent the inaugural guidelines issued under Article 35 of the DSA, intended to set out for Very Large Online Platforms and Search Engines recommended practices and potential actions to curb systemic risks on their services that could endanger the integrity of democratic electoral processes and related activities. The draft text outlines illustrative mitigation options for election-related risks, targeted measures addressing Generative AI content, and the planning of risk responses ahead of and following an electoral event, including preparation in advance and implementation afterwards, as part of mitigation strategies and procedures across services......

Commission adopts revised Market Definition Notice for competition cases Brussels, 8 February 2024 The European Commission has today officially endorsed an updated Market Definition Notice ('the Notice'). Defining markets involves determining where competitive constraints lie between firms when reviewing mergers and the majority of antitrust matters. The updated Notice aligns the Commission's guidance with current market conditions and dynamics, and reflects advances in the institution's decisional practice and EU jurisprudence......

Per court records and filings, the video-sharing platform has initiated proceedings against the Commission at the EU’s lower-tier General Court, as records show. A company spokesperson confirmed the action concerns the fee it is obliged to pay under the EU DSA. ‘ We dispute the fee and are appealing on a number of grounds, including the reliance on defective third-party estimates of our monthly active user figures used to determine the overall amount,’ a Tik Tok spokesperson said......

Flexible provisions in the EU's flagship digital law AI’s rapid rise won’t slip through the regulatory net thanks to adaptable clauses in the EU’s flagship digital law, according to the bloc’s top competition official, Olivier Guersent. The Commission may treat emerging AI features as elements of search services where they are embedded, or alternatively rely on legal mechanisms to broaden the rulebook to encompass the technology. From 6 March 2024, the Digital Markets Act ( DMA) will bite for companies including Apple, Microsoft and Google, requiring them to open their platforms to give business users a fairer shot at competing. Guersent, director‑general of DG Competition, said platforms are devoting substantial resources to compliance, with some adjustments expected swiftly after the deadline. He highlighted the obligation to host competing app stores on smartphones — known as side‑loading — as an area where customers could notice...

Envoys for the EU’s national governments signed off on the final text of the legislation at a meeting today, according to a Belgian government spokesperson, whose office represents the EU governments in the talks. The agreement was 'unanimously confirmed', the spokesperson noted today. The approval follows weeks of intense speculation that France intended to assemble a coalition of countries to oppose it in the vote. France, together with Germany and Italy, had earlier flagged worries in the negotiations about rules for foundation models. However, Germany’s digital minister, Volker Wissing, said earlier this week he is now ready to accept the law after changes designed to protect small businesses. That choice by Germany made it markedly harder for France to block the law at the meeting held today. The law will be the first standalone AI statute, hailed widely by EU lawmakers as proof of the...

From 17 February 2024, providers of intermediary services—such as cloud and file‑sharing services, search engines, social networks and online marketplaces—come within scope of the EU Digital Services Act ( EU DSA). These organisations must meet a suite of duties, including putting in place notice‑and‑action procedures, observing detailed requirements for terms and conditions, and issuing transparency reports on content moderation, among other obligations and measures required under the framework. For further details on the EU DSA, please refer to our earlier blog posts here and here for context and background. The Commission, under powers granted by the EU DSA, may adopt delegated and implementing acts covering aspects of how the regime is implemented and enforced in this context. In 2023, it adopted one delegated act on supervisory fees payable by very large online platforms ( VLOPs) and very large online search engines (...

The European Commission’s determination on whether buyers depend on domestic packaging suppliers, or whether the arena is EEA‑wide, will dictate if the merger triggers competition issues for regulators evaluating cross‑border supply dynamics. In earlier probes, the watchdog has increasingly suggested the market is heading clearly towards the latter as the prevailing direction of travel in recent years. Folding cartons are a form of cardboard pack used for everything from beer bottles and frozen pizzas to tobacco and medicines across consumer sectors. How straightforward the parties’ route to clearance proves could also rest on whether officials see a single cartons market, or one divided by end use and application. Ireland’s paper packaging group Smurfit Kappa and US competitor West Rock agreed last September to combine in an US$11bn transaction they say will forge a “global leader in sustainable packaging.” They have not yet filed with the...

Amazon Ads and the Digital Markets Act 31 January 2024 The Digital Markets Act ( DMA) is an EU regulation that sets out a series of obligations and takes effect on 6 March 2024. In September 2023, Amazon was named a ‘gatekeeper’. Since that designation, Amazon Ads has worked collaboratively with the European Commission and is introducing changes to ensure compliance. For example, we are increasing the level of detail within our pricing reports. Currently, our advertiser and publisher customers enjoy real-time visibility of extensive pricing information. From 6 March 2024, advertisers and publishers running campaigns in the EU will be able to access......

Amazon's move mirrors one by Google Google has likewise allowed its users to opt out of the automatic merging of data across its platforms, including online search, You Tube’s video-streaming service, and the Play Store. Following a weekend app update, Amazon let customers choose to ‘personalise’ its service, explaining that permitting data combination would ‘improve your Amazon experience including by using your browsing and order history along with other personal information about your use of Stores to make better recommendations across other Amazon services’. The change brings both companies closer in how they handle cross-service data policies......

The CCPC has secured commitments from a number of Irish technological universities to change their procurement practices in the supply of graduation gowns. In October 2022, the CCPC was notified of a concern about potential anti-competitive behaviour by ATU Donegal (previously Letterkenny Institute of Technology) at the time. ATU Donegal now sits within the multi-campus ATU, established in April 2022 through the merger of institutes of technology in Donegal, Sligo, Mayo and Galway. It was claimed that ATU Donegal had led graduands—those preparing to graduate—to assume they should obtain their graduation gowns from a single provider. The complainant argued that the institution’s messaging amounted to anti-competitive communication in nature and effect......

This week, two blockbuster European airline tie-ups were referred for full-scale scrutiny by the European Commission, which highlighted multiple worries over overlapping routes, both direct and connecting—covering Lufthansa’s move to take a stake in ITA Airways and IAG’s proposed purchase of Air Europa. Investigators flagged both direct and indirect overlaps, including feeder connections and one-stop itineraries. The notices revealed EU case handlers probing a spectrum of issues, some rarely tested in airline mergers, underscoring Brussels’ rising scepticism about consolidation generally, and in aviation in particular. Although Korean Air’s pursuit of Asiana demonstrates that EU sign-off is possible, the journey can be protracted and punishing, likely demanding tough concessions from Lufthansa and International Consolidated Airlines Group in their respective transactions. The Korean transaction is only edging towards EU approval more than three years after its November 2020...

Apple will overhaul its i Phone App Store fees for businesses in the EU To align with the EU’s gatekeeper rules unveiled on 25 January 2024, Apple plans a sweeping reset of its App Store charges. Developers may opt into a revised tariff that lowers Apple’s commission from 30% to 17%, while adding a €0.50 per-download levy for top-performing apps. Apple will also open the i Phone to alternative app stores. These steps are intended to satisfy the Digital Markets Act ( DMA), though Apple’s statement underscores its view that the law could put European users at risk. Phil Schiller, who oversees the App Store, said the announced measures meet the DMA’s EU obligations and aim to shield users from the unavoidable rise in privacy and security threats the regulation brings. The company cautioned that, even with these protections, many risks persist. Some...

Using the findings of a forthcoming risk review led by EU governments, the European Commission plans, towards the end of 2025, to consider whether a fresh mechanism is required to oversee the bloc’s outward investments. This idea forms part of a bundle the EU executive is set to unveil tomorrow, aimed at protecting European interests from the mounting risk of China’s economic and military ascendancy. Although numerous member states scrutinise inbound capital, the commission argues that far more focus should fall on the Union’s outward flows in cutting-edge technologies, and related strategic sectors, which China and others could repurpose for defence uses......