Digital Regulation – Video Games
DATE OF UPDATE: 21 March 2025
LINKS
Key principles on in-game virtual currencies | European Commission
EU Consumer Protection – New Principles for Virtual Currencies in Video Games
Navigating Age Assurance in the Online World: A Statement from the EDPB
CURRENT STATUS
The CPC Network, coordinated by the European Commission, has published a set of guidelines to promote transparency and fairness in the online gaming industry's use of virtual currencies.
The key principles are based on existing general rules of EU consumer law that apply to digital services and digital content provided to consumers, including video games.
WHY IS THIS APPLICABLE TO CLIENTS?
The Principles apply to video games that include in-game virtual currencies. They address concerns raised by the European Consumer Organisation and illustrate the focus of the European Commission on addressing consumer harms in the supply of digital services and content.
Digital Services Act (Regulation (EU) 2022/2065) (DSA) – Rules of the Court
DATE OF UPDATE: 14 March 2025
LINKS
Rules of the Superior Courts (Digital Services Act) 2025
CURRENT STATUS
The new Rules of the Superior Courts (Digital Services Act) 2025 (Digital Rules) came into operation on 14 March 2025 and apply in proceedings commenced both before and from the date on which these Rules came into operation.
The Digital Rules amend Order 31 of the Rules of the Superior Courts, introducing a new rule 62 following rule 61 of Order 39 of the Rules of the Superior Courts.
WHY IS THIS APPLICABLE TO CLIENTS?
These Digital Rules facilitate implementation of Articles 9 and 10 DSA in relation to orders requiring intermediary service providers to act against illegal content under Article 9 or to provide information under Article 10.
Data Management – EHDS Regulation
DATE OF UPDATE: 5 March 2025
APPLICABLE DATES:
Parts of the EHDS Regulation will start to apply by March 2027, with others not applying until 2029, 2031 and 2035.
LINKS
Regulation - EU - 2025/327 - EN - EUR-Lex
The European Health Data Space Regulation – What Digitalising EU Health Data Means for Industry
gov.ie - Minister for Health welcomes the publication of the European Health Data Space Regulation
CURRENT STATUS
Regulation (EU) 2025/327 of the European Parliament and of the Council of 11 February 2025 on the European Health Data Space and amending Directive 2011/24/EU and Regulation (EU) 2024/2847 (EHDS Regulation) was published in the Official Journal of the European Union.
WHY IS THIS APPLICABLE TO CLIENTS?
The Regulation lays down rules for the primary and secondary use of health data and sees part of the European Commission's strategy for data come into effect. Organisations involved in research will be interested in the new data space and regulatory framework for the secondary use of health data.
Data Management – Call for Evidence
DATE OF UPDATE: 27 February 2025
LINKS
Part One: Harnessing the power of data under the Data Act
Part Two: Harnessing the power of data – data access and product design under the Data Act
Part Three: Harnessing the power of data – data sharing under the Data Act
CURRENT STATUS
The European Commission is due to open a Call for Evidence this quarter on a Data Union Strategy. The Strategy should aim to streamline existing data rules, potentially creating a simplified, clearer, and more coherent legal framework for businesses and administrations to share data more seamlessly and at scale, while still upholding high privacy and security standards.
WHY IS THIS APPLICABLE TO CLIENTS?
This initiative could potentially simplify existing and forthcoming compliance processes within organisations.
Technology Legislation – Government Programme
DATE OF UPDATE: 18 February 2025
LINKS
Spring Cleaning: Legislative Plans for Cybersecurity, Business Data, AI
gov.ie - Spring 2025 Government Legislation Programme
CURRENT STATUS
The Government published its new Legislation Programme setting out legislation to be published or drafted as a priority this Spring 2025, which includes legislation to support the NIS2 Directive, the Data Act and the AI Act.
For online platform providers, the Electoral Reform (Amendment) Bill is one to watch, as Ireland seeks to reconcile its rules around political advertising with the DSA. Very large online platforms (VLOPs) designated under the DSA will also be interested in the Media Regulation Bill, which implements the European Media Freedom Act and governs their interactions with media service providers.
WHY IS THIS APPLICABLE TO CLIENTS?
The Programme includes a range of measures that will impact upon clients.
DSA - Code of Practice on Disinformation
DATE OF UPDATE: 13 February 2025
APPLICABLE DATES:
The Code conversion will take effect from 1 July 2025, making its commitments auditable from that date onwards.
LINKS
DSA: Code of Practice on Disinformation
CURRENT STATUS
The European Commission and European Board for Digital Services endorsed the integration of the voluntary Code of Practice on Disinformation into the framework of the DSA. This timing will allow a synchronisation of the auditing of the Code's commitments with the DSA audit for the relevant VLOPs and very large online search engines (VLOSEs) designated under the DSA. The Commission and the Board will monitor and evaluate the achievement of the Code's objectives, in line with Article 45 DSA.
WHY IS THIS APPLICABLE TO CLIENTS?
With its integration into the DSA, full adherence to the Code may be considered as an appropriate risk mitigation measure for signatories designated as VLOPs and VLOSEs under the DSA.
Digital Regulation - European Board for Media Services
DATE OF UPDATE: 11 February 2025
LINKS
Commission welcomes new European Board for Media Services | Shaping Europe's digital future
Regulation - EU - 2024/1083 - EN - EUR-Lex
S.I. No. 22/2025 - European Union (Media Freedom Act) Regulations 2025
CURRENT STATUS
The new European Board for Media Services has held its constitutive meeting, marking a milestone in the implementation of the European Media Freedom Act.
The Board will promote the consistent implementation of the Audiovisual Media Services Directive while providing expertise and assistance on media regulation to the Commission. The EMFA, which applies from 8 August 2025, puts in place new rules to protect media pluralism and independence and seeks to ensure that media can operate more easily across borders in the EU.
WHY IS THIS APPLICABLE TO CLIENTS?
Notably, a media service provider can request the Media Board's opinion on the outcome of the dialogue concerning repeated unjustified restrictions or suspension of the media provider's content based on terms of service with VLOPs.
DSA: Enforcement - Shein
DATE OF UPDATE: 6 February 2025
LINKS
Commission requests information from Shein on illegal products and its recommender system
CURRENT STATUS
The European Commission has sent a request for information (RFI) to Shein under the DSA. It is examining risks related to "illegal content and goods on its marketplace, on the transparency of its recommender systems, and on the access to data for qualified researchers."
WHY IS THIS APPLICABLE TO CLIENTS?
The enforcement activities of the Commission will be of interest to organisations within its scope.
Depending on the assessment of the replies, next steps could entail the formal opening of proceedings pursuant to Article 66 DSA.
DSA - Code of Conduct on Countering Illegal Hate Speech Online +
DATE OF UPDATE: 20 January 2025
LINKS
European Board for Digital Services | Shaping Europe's digital future
The Code of conduct on countering illegal hate speech online + | Shaping Europe's digital future
CURRENT STATUS
The revised Code of conduct on countering illegal hate speech online + (the 'Code of conduct+') was integrated into the regulatory framework of the Digital Services Act (DSA) following a positive assessment from the Commission and the European Board for Digital Services.
The Code of conduct+, which builds on the 2016 Code of conduct on countering illegal hate speech online was signed by Dailymotion, Facebook, Instagram, Jeuxvideo.com, LinkedIn, Microsoft hosted consumer services, Snapchat, Rakuten Viber, TikTok, Twitch, X and YouTube.
WHY IS THIS APPLICABLE TO CLIENTS?
Although a voluntary instrument, following its integration, adherence to the Code of conduct+ may be considered as an appropriate risk mitigation measure for signatories designated as VLOPs and VLOSEs under the DSA.
DSA – Commission Investigation
DATE OF UPDATE: 17 January 2025
LINKS
CURRENT STATUS
The European Commission has addressed three additional technical investigatory measures to X relating to the platform's recommender system.
These fact-finding steps take place within the scope of the formal proceedings opened on 18 December 2023 under the DSA.
WHY IS THIS APPLICABLE TO CLIENTS?
The supervision and enforcement of VLOPs by the Commission will be of interest to organisations within scope of the DSA and their customers and suppliers interacting with them.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
