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The draft Digital Services Act (DSA), presented by the Commission in December 2020, is looking to update the legislative framework governing digital services and impact certain advertising elements, such as transparency. It is now being discussed in the European Parliament’s Committees and the Council’s Working Party on Competitiveness (Internal Market). The lead parliamentary Committee (IMCO) has published its draft report in May and draft amendments in July.
A variety of draft amendments from a broad range of the political spectrum (the left, S&D and the Greens, but also some liberals and centre-right MEPs) are calling for limitations of targeted advertising. These proposed restrictions are different in nature either through users opt-out, opt-in, the prohibition of targeted ads to children, or a ban on targeted ads based on personal data. The Member States, however, appear in their majority not favourable to such a ban. In addition, other draft amendments propose to regulate the establishment and participation in Codes of Conducts more tightly. As for the definition of advertising in Article 2, it is worth noting that neither the initial proposal nor the draft amendments draw any distinction between commercial and non-commercial advertising.
The consideration of Amendments by the lead Committee is expected to take place on 27 September and the vote in Committee on 8 November. As for the plenary vote, it is planned for December. According to Vice-president of the European Commission Margrethe Vestager, speaking at a recent hearing in front of four parliamentary Committees, the final adoption of the DSA could take place over Spring 2022.
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