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Law No. 2024-449 of 21 May 2024 aiming “to secure and regulate the digital space” was published in the French Official Gazette after being examined by the Conseil constitutionnel (Constitutional Council). The first section of the law aims to prevent minors accessing pornographic websites. To this end, it gives the Autorité de régulation de la communication audiovisuelle et numérique (French audiovisual regulator – ARCOM) the task of drawing up minimum technical standards that must be met by age verification systems set up by publishers and online video-sharing...

On 1 May 2024, the Openbaar Ministerie (Netherlands Public Prosecution Service) adopted significant new rules in relation to criminal proceedings that may involve journalists. Notably, the new rules require that where there is surveillance, or surreptitious recording, of communication targeting suspects, and where journalists may also be present, an examining magistrate must give prior permission to record the communications. The new rules were adopted following a well-known recent controversy in the Netherlands, where during a criminal investigation, conversations between suspects were recorded,...

On 5 April 2024, the Autoriteit Persoonsgegevens (Dutch Data Protection Authority) (AP) adopted notable new guidance for Dutch political parties in relation to privacy rules during election campaigns, in the context of upcoming elections to the European Parliament, taking place in June 2024. Notably, the Guidance states that the AP asks political parties to “take note of” and conduct campaigns “as much as possible” in accordance with, and “in the spirit of”, the EU Regulation on the transparency and targeting of political advertising, which will generally only...

The Digital Services Act (DSA), enacted in October 2022, regulates intermediary services, particularly focusing on very large online platforms (VLOPs) and very large online search engines (VLOSEs). Following its implementation, the European Commission (EC) designated key VLOPs and VLOSEs in April 2023, including Bing, Google Search, LinkedIn, Meta, Snapchat, TikTok, YouTube, and X. One of the EC's powers under the DSA is the authority to request for information (RFI) from VLOPs and VLOSEs to assess their compliance with the Regulation's obligations. Article 67 of the DSA outlines this...

The Italitan Communications Authority, AGCOM, has launched a public consultation on the specifications and requirements of the age assurance system, which will have to be implemented by providers of video-sharing platforms that disseminate images, videos and services for adult users in Italy. This is a new measure provided for by a national law (Legislative Decree 123/23 converted into Law 159/23) which is added to other instruments aimed at protecting minors on the Internet. In fact, in November 2023, guidelines came into force (Resolution No. 9/23/CONS) for operators both on smartphones...