Before the DSA and the DMA Sample Clauses

Before the DSA and the DMA. The Audio Visual Media Services Directive (AVMSD) regulates audio-visual content, including advertising, presented by legacy media (i.e., radio, television) 1018 See Xxxxx, supra note 46. Xxxxxx and Xxxxxxxx, supra note 35. See also Xxxxxxxx Xxxxxxxxxx & Xxxxxxx Xxxxxx, Restrictions On Privacy and Exploitation In The Digital Economy: A Market Failure Perspective, 17 J. COMPET. L. ECON. 765 (2021). 1019 See Xxxxx, supra note 46 at 495–504. 1020 See Id. 1021 This chapter does not cover intellectual property, product safety, and non-discrimination laws. See section 1.4 and introduction to section 6.1. 1022 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and Committee of the Regions A Digital Single Market Strategy for Europe COM (2015) 192, (2015). (“A Digital Single Market is one in which the free movement of goods, persons, services and capital is ensured and where individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition, and a high level of consumer and personal data protection, irrespective of their nationality or place of residence. Achieving a Digital Single Market will ensure that Europe maintains its position as a world leader in the digital economy, helping European companies to grow globally.”) broadcasting and on-demand services (e.g., Spotify, Netflix).1023 In 2018, the AVMSD was updated to cover video-sharing platforms, such as YouTube, Instagram, and TikTok, which, in practice, primarily fund their services via OBA.1024 The AVSMD provides some restrictions for advertising content (e.g., for tobacco and alcohol products).1025 Generally, rules regarding copyright, counterfeit goods, trademarks, and certain goods (e.g., alcohol, pharmaceuticals) and services (e.g., financial, gambling) create a plethora of restrictions for advertising, including OBA content.1026 The AVMSD also provides rules for advertisement delivery that are particularly relevant for OBA. In particular, it requires platforms to ensure that advertisements are recognizable as such, prohibiting hidden advertising.1027 It prohibits the use of subliminal techniques.1028 The AVSMD also provides robust protections for minors: Article 6a of the AVMSD directly prohibits the collection and processing of the personal data of minors for commercial purposes, including for “behaviorally targeted advertising”.1029 Article 28(b)(3) AVMSD reiterates the prohibition of ...
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Related to Before the DSA and the DMA

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