Saw this last week but didn't see much commentary, there should be more, because it's an example of how industry concerns about the workability of regulation are often shot down, but ultimately prove true.
Solid reporting by @egreechee
The EU regulation on the transparency and targeting of political advertising (TTPA) (Regulation 2024/900) was proposed all the way back in 2021, and had a few years of negotiations before it was finalised. eur-lex.europa.eu/legal-content/…
After participating in the consultation process and not getting very far, Google shared concerns publicly on how some of the TTPA drafting left too much uncertainty and unknowns for easy compliance, especially given the massive penalties for non-compliance (6% of global revenue).
These concerns weren't addressed, so already last year Google announced that they were pulling all kinds of "political ads" from Europe (an overbroad category given the uncertainty in the law's definitions. blog.google/around-the-glo…
Meta followed suit, as the other big digital advertising platform, also highlighting the uncertainty and lack of necessary legal guidance from enforcers (complicated here by the multiplicity of national issues) about.fb.com/news/2025/07/e…
Predictably, European lawmakers are now raising concerns, that the law that was said to be unworkable, is actually unworkable, and that the companies aren't able to offer their services in Europe anymore, as they had previously predicted and warned.
Civil society groups which also pushed for the law are now aghast that the companies are withdrawing from the market rather than trying to comply with vagaries of the law and accepting the uncertainty. voxpublic.org/Open-letter-to…
Politico notes that Guidelines from the Commission came woefully late. They still don't provide the clarity that companies need.
She notes that even civil society groups that advocate for transparency recognise that vagaries of the law make it difficult to "properly identify political ads", especially when backed by a fine that could reach tens of billions of euros.
To me, this is another example of #nerdharder, where policymakers dismiss industry concerns by thinking that technical challenges can just be overcome by more engineering and technical efforts.
Forgetting that sometimes the opportunity cost just isn't worth it.
When the cost (or in this case legal liability) is high, and the value is low, it's mostly easier to just sunset a service, rather than go through the efforts (and risk) of trying to comply (especially when Commission services aren't being helpful along the way).
But in the end, that's one of the main costs of regulation. Services that Europeans miss out on, because they're just not profitable or worth deploying in Europe anymore.
You can use legislation to prohibit anything but the perfectly desirable digital service, but if that perfectly desirable digital service can't actually be deployed, you'll just end up without any service to begin with.
And for what it's worth, I don't think we're going to have European alternatives popping up to provide these services in a way that can fill the gap of the big platforms withdrawing from the market.
So what we end up with is less service at the end of the day.
That's a loss.
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Here in Copenhagen for the Danish Presidency conference on AI and Copyright. There's a buzz, with a lot of familiar faces eager to set the stage on the forthcoming European debate.
Following a welcome from the Danish Minister for Culture, a presentation of a Danish expert group report released on Monday with 10 recommendations
Since I haven't been invited into the room for this one, I'll be live tweeting the livestream of the European Commission's 2025 DMA compliance workshop for Google.
It's a hot morning, both literally (hottest day of the year in Brussels), and figuratively, with the most spicy topics addressed first:
Note however, the truly most spicy topics are not on the agenda, the EC has left out the open investigation on self-preferencing, where the EC recently made a preliminary finding of non-compliance (I did a thread on that earlier)
DMA Workshops Round 2 have kicked off, and this time I got to be in the room for the half-day on #Amazon.
I unfortunately missed last week's kick-off with MSFT but from reports it seemed relatively similar.
Amazon has made massive changes, but complainants still complain.
In short, it was a rather uneventful session. As expected, Amazon explained their compliance measures, reiterated their commitments not to treat 3rd-party products unfairly, and to protect Amazon users from fraud and cybersecurity risks.
Two things stood out: (1) the focus on market sellers over consumers. Even ostensible consumer protection organisations seemed more interested in ensuring sellers could overcharge on Amazon or that 3Ps could easily access consumers' personal data, than in protecting Amazon users
This is the first antitrust fine against Meta. Meta doesn't generally have antitrust problems because it's a challenger in most spaces. It has a strong social media service, sure, but it doesn't have its own ecosystem that it can leverage to exclude social media rivals
This case isn't about excluding rival social media services, it's about ... excluding rival online classified ads services?
🤯
But wait a minute, isn't Meta a challenger in this space? Isn't it what competition law considers an "entrant" which is increasing competition?
A couple weeks ago I started at @ProgressChamber with a vision for a more progressive European tech policy. I thought to add a few more thoughts and data-points to this thread. medium.com/chamber-of-pro…
Tech-policy, especially in Europe, seems at times driven by a dystopian vision of technology pushed by some asking for an economic revolution. Tech companies, which have very little actual political power, have been scapegoated for a lot of society's ills
Governments are scrambling for unchecked powers to protect us from big scary tech, and often cheered on by (sometimes self-interested) press outlets. The underling idea is that we're a victim of a series of policy failures and need a major course-correction.
Yesterday the Commission announced #DMA non-compliance enforcement just a few weeks after the law's obligations began to apply. It's not entirely a surprise if you understand the EC's obsession with being "tough", but there is one dimension that stands out ec.europa.eu/commission/pre…
The investigation into #Meta is unlike any of the others, and really pushes the boundaries of the EC's DMA powers, and portends a lot of the complication and drama we can expect in the years ahead.
First, there's nothing in the DMA about "the objective of preventing the accumulation of personal data by gatekeepers". DMA is explicitly about fairness and contestability. So the EC is showing its willingness to enforce a novel interpretation of the DMA.