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In a judgment of 1 October 2019 in Case C-673/17, the Court of Justice of the European Union decided that the consent necessary for storing and accessing cookies on a website user’s device was not validly constituted by way of a pre-checked checkbox that the user had to deselect to refuse his or her consent. Rather, consent must be given clearly and unambiguously in relation to the specific circumstances and with the necessary information provided. The CJEU ruling follows a dispute in Germany between the Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband...

On 3 September 2019, the Consiliul Naţional al Audiovizualului (National Audiovisual Council - CNA) adopted Decision No. 781/2019 with regard to the rules which apply to the audiovisual electoral campaign for the election of the President of Romania in 2019 (see, inter alia, IRIS 2009-10/24 and IRIS 2014-10/30). The elections will be held on 10 November 2019 (first round) and on 24 November 2019 (second round). As a first, the elections abroad, for Romanians living outside the country, will last 3 days for each round (8-10 November and 22-24 November, respectively). The audiovisual electoral campaign...

On 9 September 2019, the Italian Communications Authority (“AGCOM”) published resolution no. 356/19/CONS (“Resolution”) with a view to starting a procedure for identifying the existence of dominant positions or positions that are at any rate harmful to pluralism in the online advertising sector. More specifically, Article 43, para. 2 of Legislative Decree no. 177/2005 (“the TUSMAR”, or “AVMS Code”) establishes that AGCOM has the power to initiate such a procedure with the goal of verifying the existence of dominant positions (or positions that are at any rate harmful to pluralism) on the basis...

At the start of September, the French Minister of Culture, Franck Riester, hosted key representatives of the audiovisual sector for a final series of consultations concerning the previously announced audiovisual reforms. After its subsequent examination by the Conseil Supérieur de l'Audiovisuel (the national audiovisual regulatory authority  – CSA) and the Conseil d’Etat, the draft law should be presented to the Council of Ministers in early November before being discussed by the National Assembly in January 2020. One objective of the reforms is to “provide a level playing field for television...

The RTL Deutschland media group and ProSiebenSat.1 have established a joint demand-side platform known as ‘d-force’. Demand-side platforms (DSPs) enable advertisers, on a central platform, to buy advertising space for specific target groups on various channels, which is then placed in an automated algorithm-based system. They are the counterpart of so-called sell-side platforms (SSPs), which manage the sale of individual advertising spaces. Both TV groups announced at the beginning of August that the German Bundeskartellamt (Federal Cartel Office) had approved their joint venture. In future, advertising...