The regulatory insider

On 10 February, the Court of Justice of the European Union ruled that companies can directly challenge binding decisions of the European Data Protection Board (EDPB) before EU courts. The case stems from a 2021 EDPB decision requiring Ireland’s regulator to fine WhatsApp Ireland €225 million under the GDPR for transparency failures. This decision strengthens companies’ procedural rights and effective judicial protection by confirming WhatsApp has standing at EU level against an act from an EU body that is binding against third parties and has a direct effect on the company.

On 6 February, the European Commission adopted new guidelines under Article 18 of the European Media Freedom Act to protect professional journalistic content on major digital platforms. The guidelines require VLOPs (Very Large Online Platforms as defined by the DSA), to notify media outlets in advance of any intended content removal, provide clear justification, and allow 24 hours for a response before action is taken. They also set out declaration procedures for eligible media providers, consultation mechanisms with regulators and civil society, and aim to strengthen media pluralism, legal certainty, and cross-border operation in the EU’s digital media market.

A US trial has put Meta and Google under scrutiny over allegations that Instagram, TikTok and YouTube were deliberately designed to be addictive and harmful to children, with a 19-year-old plaintiff linking platform use to depression and suicidal thoughts. TikTok reportedly settled just hours before jury selection, while the case argues that engagement-driven design choices prioritised profit over child safety. The issue is also gaining traction in Europe, where families in Italy and France have launched class actions against Meta and TikTok, and regulators, notably at the EU-level, are intensifying scrutiny of unlawful tracking of minors online.

The European Commission has presented the results of the Digital Fairness Act (DFA) public consultation to the European Parliament’s IMCO committee on 26 January, revealing among others strong support for tougher rules on personalised advertising, addictive design and enhanced protection of minors online. The Commission is leaning toward a regulation to ensure harmonised EU-wide rules, potentially including age verification linked to the European digital identity if required. The Proposal is expected to be published in Q4 2026.

The European Commission published its proposal for the Digital Networks Act (DNA) on 21 January. The Commission’s proposal confirms a voluntary mediation mechanism between telecom operators and tech players, a stance criticised by incumbent operators as insufficient while parts of the digital industry see it as unnecessary. The important provisions when it comes to the audio sector are contained in Articles 112 and 113, respectively on ‘Interoperability of car radio and consumer radio receivers and consumer digital television equipment’ and ‘Must carry obligations’.

Meta developed an internal “playbook” designed to limit regulatory pressure to impose mandatory advertiser identity verification, which the company says could reduce its global revenues by nearly 5%. Internal documents suggest Meta prioritised reassuring regulators through reactive measures, even though unverified advertisers generated a majority of revenue and problematic ads. The results from this investigation have been divulged timely, as the European Commission is currently questioning Meta’s compliance with the Digital Services Act over its handling of scam-related risks.

On 8 January, the European Commission published a summary of responses to its consultation on the ongoing review of the Digital Markets Act. Most respondents viewed the DMA positively but called for stronger rules on interoperability, data access and portability, and for extending its scope to AI and cloud services. Gatekeepers raised concerns about proportionality and user experience, with the Commission due to publish its review report in May.

OpenAI is making a major strategic shift toward audio-first AI, reorganizing and developing new voice models that can hold more natural, conversational interactions as part of a broader industry move away from traditional screens. The company is preparing to launch what could be the first of several screenless, audio-centric devices by late 2026, positioning voice interfaces as the primary way people interact with technology. This trend reflects similar investments by other tech giants and startups, suggesting a future where computing is controlled by speech and ambient audio.

The UK ban on advertising high-fat, salt and sugar “junk” foods on television before 9 pm and a total ban online has come into force. Its goal is to combat rising childhood obesity, with the Advertising Standards Authority (ASA) now enforcing the rules. Adverts for items often perceived as healthy are restricted under the nutrient profiling model, but brand-only adverts without specific products shown are allowed. Health campaigners warn that companies may shift to other media, like outdoor ads, to maintain visibility despite the new restrictions.

Cyprus has taken over the rotating Presidency of the Council of the EU for the first half of 2026, driving a packed policy agenda. The presidency plans to push hard on concluding a partial deal on the next long-term EU budget (the framework financial plan for 2028–2034), with expert talks starting early January and an aim for partial agreement by mid-June, as well as a planned partial general approach on AgoraEU at the Culture Council on 12 May, where the future cultural compass will also be discussed. Alongside budget work, key priorities include discussions on culture and digital regulation, competitiveness, cybersecurity, and the Digital Networks Act.

The CJEU ruled that online marketplaces qualify as data controllers under the GDPR for personal data contained in user-posted ads, obliging them to detect sensitive data before publication, verify consent or identity, and prevent unlawful copying of such ads. The judgment has sparked concern among some experts, who argue it effectively mandates general monitoring and user identification, potentially clashing with the DSA, while others contend the required measures fit within the DSA’s existing framework for platform diligence. The case, originating from Russmedia, could have far-reaching implications for how platforms moderate and pre-screen user content.

The European Commission has accepted TikTok’s commitments to improve advertising transparency under the Digital Services Act, requiring the platform to provide full details of ads in its public registry, update it at least every 24 hours, disclose targeting information, and ease researchers’ access to the database. These pledges follow preliminary findings from May 2025, and the Commission says it will further examine researchers’ access to TikTok’s internal data.

Google faces multiple legal and regulatory challenges as closing arguments conclude in the U.S. Ad Tech antitrust case, where remedies could reshape its advertising operations. At the same time, Google has unsurprisingly refused the EU’s request to break up its business after being fined nearly €3 billion, instead proposing technical and product changes to address antitrust concerns. In Germany, it was ordered to pay €573 million to price comparison platforms for favouring Google Shopping in search results over 15 years. Meanwhile, Meta was fined €479 million by a Spanish court for abusing its market position against local media outlets. These cases underscore mounting scrutiny of Big Tech in Europe, highlighting ongoing disputes over competition, market dominance, and the companies’ resistance to structural interventions.

The debate over banning or strictly regulating social media access for minors is intensifying as the European Commission moves toward coordinated EU-wide age thresholds. A newly established panel of child protection experts will advise by this summer on potential minimum age limits, as part of a broader action plan against cyberbullying, exploring a possible legislative European approach alongside strengthened guidance on parental controls, platform responsibility and awareness campaigns.

On 10 February, the European Commission launched a public consultation to evaluate and update the Audiovisual Media Services Directive (AVMSD), with results feeding into a Q3 review, supported by an ongoing study, focused on competitiveness and regulatory coherence. Key issues include the role of influencers, advertising rules, promotion of European works, the country-of-origin principle, stronger protections for minors on video-sharing platforms, and alignment with other legislations.

Europe’s push to become a more competitive tech hub is gaining momentum with the proposed “EU-INC” framework, designed to cut through the 27 national corporate, tax and legal regimes that currently make it costly for startups to scale across the single market. Backing this direction, the European Parliament has endorsed the so-called 28th regime, calling for a Unified European Company, an EU-run digital portal, easier access to finance and better tools to attract talent, feeding into a Commission proposal due in early 2026. Together, the initiatives aim to reduce fragmentation, boost cross-border investment and unlock Europe’s innovation potential in the race with global tech hubs.

European Parliament committees are gearing up work on the tech omnibus, with ITRE and LIBE as joint committee responsible (on the AI part, it will be under IMCO (Rapporteur Arba Kokalari, EPP) and LIBE (rapporteur Michael McNamara, Renew)). An ambitious timetable toward a mid-March plenary is being set. Early debates in LIBE have been combative, with MEPs from several groups warning that proposed changes to AI rules and GDPR risk weakening existing protections rather than simplifying them, while questioning the Commission’s motivations and legal reasoning. The Commission, for its part, is holding firm on keeping the omnibus intact and is pressing Parliament and the Council to reach an agreement.

The European Commission is expected to designate WhatsApp as a “very large online platform” under the Digital Services Act by the end of January, which would make them face stricter oversight rules. The move is based on WhatsApp’s public channels surpassing 45 million monthly users, bringing new risk-mitigation obligations supervised by the Commission. WhatsApp is already designated under the Digital Markets Act, while the new DSA obligations would apply only to its public channels, not private messaging.

Lidl France has announced it will stop advertising on traditional broadcast TV, citing high regulatory risks under a 1992 law governing retail advertising. The decision follows a court ruling ordering Lidl to pay €43 million for illegal promotions due to insufficient product availability. It is expected that this will likely redirect ad spending toward digital platforms. The move also reflects shifting audience demographics and Lidl’s strategy to target younger consumers, while prompting renewed debate over outdated TV advertising rules in France.

Polish President Karol Nawrocki vetoed legislation aligning national law with the EU’s Digital Services Act, calling the rules “Orwellian” and echoing US Republican and Trump-era criticism of the DSA. The bill had been passed by Prime Minister Donald Tusk’s pro-EU majority, while Poland’s digital minister accused the president of siding with Big Tech platforms. The move has angered the European Commission, which is urging Poland to comply with the DSA and has already taken the country to court over delays in its implementation.

Belgian influencers are now being offered a certification by Belgium’s Influencer Marketing Alliance (IMA) that shows they understand and comply with advertising and transparency rules as the legal framework catches up with the fast-evolving influencer market. The goal of this initiative is to boost transparency for consumers and help brands identify compliant influencers amid a fragmented regulatory landscape. Content creators report that existing Belgian advertising rules are complex and hard to follow, making compliance challenging even with the certification programme available.

Grok’s image-generation features were used to create sexualized deepfakes of women and minors, prompting criticism and regulatory pressure from multiple countries, including formal notices demanding corrective action and possible legal consequences for hosting or generating such material. xAI and Grok acknowledged “safeguard lapses” that allowed the inappropriate images. French and Malaysian authorities have launched investigations into the AI chatbot, treating the outputs as potentially illegal content under local laws and the EU’s Digital Services Act.

Donald Trump warned that Netflix’s proposed $83 billion takeover of Warner Bros Discovery could pose major competition concerns, arguing the combined company’s market power “could be a problem.” He signalled he would personally weigh in on the review, an unusual level of presidential involvement that former regulators criticised as political interference. Hollywood unions and other critics fear the merger would concentrate too much control over content and reduce consumer choice, while supporters say it would reshape the industry to compete globally.

The European Commission’s new Digital Omnibus package was presented to Parliament’s IMCO committee on 3rd December as simplifying digital and AI rules by easing administrative burdens, clarifying GDPR application, updating cookie provisions, and aligning AI Act timelines without weakening privacy protections. Reactions were mixed, as the EPP would welcome clearer obligations, the S&D warned about risks and data safeguards, and the ECR pushed for deeper simplification while rejecting an EU-level reporting mechanism. On the industry side, publishers argue that the proposed “cookie fix” leaves them worse off.

The EU has fined Elon Musk’s X €120 million in its first major enforcement action under the Digital Services Act, following a two-year investigation that heightened tensions with the United States fighting against Brussels’ tech regulations. In response, X blocked the European Commission’s advertising account, escalating the standoff. Brussels signals that more DSA and DMA sanctions are expected in the coming months.