RO's course for Influencers (SW) June 2025
EU/ international news
Green Claims Directive news Politico
June 23, 2025. Big wobble as Italy pulls
Fears EU caves to US on tech rules
Politico June 23, 2025
X Bans Hashtags in Promoted Posts
Social Media Today June 26, 2025
Ro newsletter April 28, 2025 Cosmetic procedure
European issues
Hague ban upheld CMS Apr 29, 2025
EU council approves 'stop-the-clock'
Macfarlane's April 24, 2025
EU fines Apple €500M, Meta €200M
Politico April 22, 2025
EU consumer law plans Lewis Silkin
Apr 9, 2025. Commissioner report here
GDPR for red tape bonfire within ‘weeks’
Politico April 3, 2025
Omnibus simplification package update
Hogan Lovells April 1, 2025
Ro newsletter Jan 24, 2025 (SW)
European/ international issues
Von der Leyen bonfire of EU’s environmental red tape
Politico Europe. January 29, 2025
Trump orders US to leave WHO. BBC Jan 21, 2025
Zuckerberg urges Trump to stop EU fining US tech
Politico January 11, 2025
EU to re-open, merge CSRD, CS3D & Taxonomy
REP Nov 20, 2024. Travers Smith here Jan 30, 2025
EC Guidelines on Prohibited AI Practices
Part I. CMS February 7, 2025
EASA Policy newsletter Dec 2024 Topics New staffing in EC structures, Polish presidency, In-game marketing, Green Claims, ADR
2024 ICC Code Swedish translation Nov 13, 2024
European/ international issues
Easa policy newsletter October 2024
ECJ '30 day' judgement Aldi pricing Sept 24, 2024
Google overturns 1.5 bil fine in EU ad case
AP News Sept 18, 2024. Haas here (FR) Oct 2
New ICC Code September 19, 2024
European/ international issues
Commission's call for evidence on DSA minors protection guidelines; closes 30th Sept 2024
EASA on the above and two calls for tender August 8, 2024
Ro newsletter June 17, 2024. 'Stupid' Norwegians (SW)
EU issues
Privacy Sandbox Update News and Updates
EDPB Opinion On Pay Or OK Consent Models By Large Online Platforms
Ambush marketing: what you need to know ahead of the European summer of sport
Taylor Wessing May 16, 2024
Council Influencer conclusions May 14, 2024
The Greenwashing Directive enters into force: transposition period begins
Liedekerke April 19, 2024
EU issues
EASA Policy newsletter March 2024
Topics Finance, influencer marketing, green claims
Agreement reached on the EU Corporate Sustainability Due Diligence Directive
Clifford Chance March 28, 2024
Latest RO decisions; thin models (SW) Feb 2, 2024
EU issues
EC Influencer sweep results Feb 14, 2024
EDAA launches new solution to DSA ad transparency requirements Feb 17, 2024
EU issues
EASA Jan 2024 update on GDPR and Cookie Pledge
EASA Jan 2024 update on DSA and DMA
EASA Jan 2024 update on Empowering Consumers for the Green Transition
New rulings on discrimination in advertising (SW) Nov 1, 2023
Includes some new criteria for gender-discriminatory advertising
EU: EDAA Unveils New Advanced Advertising Transparency Programme
EU issues:
EASA update on CPC Influencer activity October 11, 2023
Green Glaims Directive update from EASA October 11, 2023
CJEU Landmark Data Protection Ruling for Online and Behavioural Advertising
William Fry/ Lex September 8, 2023
Proposal for a Directive of The European Parliament and of the Council on Consumer Credits
In May 2023, IMCO published proposed CCD II on which provisional agreement has been reached. Plenary vote September 2023
1.1 Million Euro fine for Profiling. Härting Rechtsanwälte/ Lex July 4, 2023
Proposed fossil fuel ad ban (SW)
Motion linked above; Ro commentary here (SW)
Proposal for a Directive on Green Claims. March 22, 2023
European Commission press release on the above here
Upcoming EU Rules on Green Claims. Covington and Burling LLP/ Lex January 23, 2023
Lufthansa case (SW) November 2022
The European Parliament Adopts New Sustainability Reporting Rules. Jones Day November 22, 2022
Corporate Sustainability Reporting Directive (above) affects companies with 'substantial business activity in the EU.'
BMW iX environmental claim ruled misleading
Ad re above is here (SW)
23/4/22. Big Tech companies to face new EU content rules. This is the news that the 'Trilogue' (consisting of representation from the European Commission, the Council of the European Union and the European Parliament) have reached agreement on the Digital Services Act, 'a landmark piece of legislation that aims to address illegal and harmful content by getting platforms to rapidly take it down.' The Council's press release is here
December 2021 EASA update on the progress of the Digital Services Act is here
Innocent Drinks case (SW) December 2021. EN commercial here. The link no longer works as Innocent have removed the video from YT, possibly in response to stories such as this one. The commercial, or enough of it, can be seen in this activist video
December 2021 EASA update on the progress of the European Commission Beating Cancer Plan (BECA). The EC plan potentially impacts marketing/ advertising in both the Alcohol category and the Food and Beverages category
December 2021 EASA update on Empowering the Consumer for the Green Transition. The EC has delayed the tabling of this initiative until 30 March 2022. Their ‘sweep’ results checking sustainability claims are here
The Digital Services Act package
EASA's September 2021 update on the DSA here
And on the Better Internet for Children Strategy (BIK strategy) here
And on environmental claims and the new consumer agenda here
EU pages on the Farm to Fork strategy here
The EU’s Green Consumption Pledge Initiative focuses on 'non-food or mixed businesses with direct interaction with consumers'
And complements the EU Code of Conduct for Responsible Food Business and Marketing Practices, in force July 2021
The SRO Ro has a new website, linked accordingly. From Ro: 'A novelty is the new service Kunskapsportalen (members only) where Ro has gathered rules and recommendations regarding the most common issues faced by marketers, as well as guidance through many examples from the Opinion Board's review by the Advertising Ombudsman. A valuable source of information and guidance for marketers to design advertising and marketing communications.' Per the statement, this service is behind a paywall.
EU issues: an update on the progress of the Digital Services Act is here, on the Farm to Fork strategy (see below) here, and on 'Green transition' here
The Swedish Consumer Agency (KOV) has carried out a review of influencers' posts on Instagram. The conclusion is that advertising identification on Instagram is often insufficient.
The clarity of an advertising identifier is affected not only by the choice of words such as "Paid collaboration with X" or "Advertising", but also by how clear the design of the identifier is, for example the use of placement, text size and contrasting colors. The review included about fifty influencers. KOV will follow up the review and supervisory proceedings may be initiated against the influencers involved. The review is redacted for data privacy purposes.
Latest – and significant – news on the EU Farm to Fork strategy here; EU pages on the strategy here
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In the context of Europe’s ‘Beating Cancer Action Plan’, there will be some impact on self-regulation regarding HFSS food advertising, alcohol advertising and Audiovisual Media Service Directive (AVMDS) provisions on commercial communications, similar to the above ‘Farm to Fork’ implications. This relates to the new clauses introduced by the 2018/1808 Directive
The EU’s Green Consumption Pledge Initiative focuses on “non-food or mixed businesses with direct interaction with consumers” and complements the EU Code of conduct for responsible business and marketing practices that will focus on the food sector. This is planned for June 2021
And the ‘green sweep’ - an EU review of websites that make environmental claims - finds that ‘in 42% of cases the claims were exaggerated, false or deceptive and could potentially qualify as unfair commercial practices under EU rules. ‘Greenwashing' has increased as consumers increasingly seek to buy environmentally sound products.’
FOOD: the EU's Farm to Fork strategy (EN) underlines that the Commission "will develop an EU Code of conduct for responsible business and marketing practice accompanied with a monitoring framework. The Code will be developed with all relevant stakeholders" in Q2 2021
RO website for latest rulings re Influencers
The European Commission presented the Digital Services Act (DSA) that proposes a set of new EU wide rules for digital services, including on online advertising. According to the Commission, “the new framework will rebalance the rights and responsibilities of users, intermediary platforms, and public authorities and is based on European values - including the respect of human rights, freedom, democracy, equality and the rule of law”. The proposal is available here and press release here. The European Parliament and EU Member States will soon start discussing the proposal in the ordinary legislative procedure. In the first week of January, the EU Member States will meet in the margins of the Internal Market Working Party to discuss the proposal
Amends to the AVMSD transposed into Swedish law via the Radio and TV Act 2010:696. Scope extended to e.g. video-sharing platforms. See General rules
ICAS, EASA and CONARED Statement on the Importance of Responsible Advertising and COVID-19
Amends to the AVMSD transposed into Swedish law via the Radio and TV Act 2010:696. Scope extended to e.g. video-sharing platforms. See General rules