UK law
ASA shows how AI can be used for regulatory compliance purposes
The Advertising Standards Authority has published the results of a trial that used AI to check whether alcohol ads are sticking to the rules. The ASA says that the trial marks a major step forward in how innovative technologies like AI can strengthen regulation and support responsible advertising. Its goal was to see if AI could help the ASA to spot potential problems that traditional monitoring or public complaints might miss, while giving a clearer picture of overall compliance. It has been using AI since 2023 to help it to proactively monitor the online advertising landscape, but this is the first time it had used it to check such a large volume of ads against a whole section of the advertising rules. Using its AI-based Active Ad Monitoring System, it analysed almost 6,000 paid-for ads shown to the UK public in early 2025, spanning alcoholic drinks, alcohol-free alternatives and related promotions across search, display and social media. Each ad, including its text and imagery, was assessed by large language models. Ads flagged by the LLMs as being at risk of breaking the rules were then reviewed by the ASA’s human experts to determine whether the content flagged was indeed a likely breach. This process combined the scale and speed of AI with expert human judgement to ensure accuracy. Ultimately, this trial shows how the ASA is using AI to regulate, and the central role it now plays in supporting key areas of its work. The lessons from this trial will guide future improvements.
CAP publishes updated guidance on age-restricted advertising online
The Committee of Advertising Practice has issued updated guidance on age-restricted online advertising to help marketers comply with the UK Code of Non-broadcast Advertising. The updated guidance provides details about how marketers, agencies, and media owners should responsibly target ads for age-restricted products such as alcohol, gambling, cosmetic procedures, tobacco, e-cigarettes, and weight-loss services, with the aim of ensuring they are not directed at under-18s or for certain products such as food high in far, sugar or salt, the under 16s. The guidance discusses media selection, audience data, and targeting tools, including age, interest, and behavioural filters. It also covers organic content and influencer marketing, highlighting the importance of audience profiling and adherence to platform-specific age restrictions. Advertisers should keep records of their targeting decisions and evidence proactive steps to minimise inappropriate exposure. The ASA will assess compliance based on the context and adequacy of these measures.
EU law
Commission and EDPB gather feedback on draft guidelines on interplay between DMA and GDPR
The European Commission and the European Data Protection Board (EDPB) are consulting on draft guidelines on the interplay between the DMA and the GDPR The guidelines aims to help companies to interpret and comply with the two sets of rules and the points in which they intersect. This includes provisions in the DMA on the combination and portability of users’ data, which involve processing personal data and therefore require compliance with GDPR. In addition, the DMA foresees alternative app stores and distribution channels for apps, for which gatekeepers put in place strictly necessary and proportionate measures that must also comply with GDPR. The consultation ends on 4 December 2025. The final guidelines will be adopted in 2026. Recently, the EDPB adopted guidelines on the relationship between the DSA and the GDPR.
European Commission formally withdraws proposals for an AI Liability Directive, SEP Regulation and ePrivacy Regulation
The Commission has formally withdrawn several proposed pieces of legislation, as it mentioned in its 2025 Work Programme in February 2025. The Work Programme includes the reasons for the withdrawal from the legislative agenda. The withdrawal of pending proposals was formally approved by the Commission on 16 July 2025. Among other things, they include the proposed AI Liability Directive, the Regulation on Standard Essential Patents and ePrivacy Regulation.
Advocate General says that offline streaming copies do not attract private-copying levy
In Case C‑496/24 (Stichting Onderhandelingen Thuiskopievergoeding and another v HP Nederland BV and others), Advocate General Szpunar opined that when an on-demand streaming service provides offline copies to users, but retains control over those copies and their availability, this does not qualify as private copying by an individual under Article 5(2)(b) of the Copyright Directive (2001/29/EC). As a result, such use does not trigger a private copying levy.
European Commission launches two strategies to speed up AI uptake
The European Commission has set out two strategies aimed at driving AI adoption in key industries and putting Europe at the forefront of AI-driven science. The Apply AI Strategy sets out how to speed up the use of AI in Europe’s key industries and the public sector. The AI in Science Strategy focuses on putting Europe at the forefront of AI-driven research and scientific excellence. The Commission says that to harness the full potential of AI, Europe must ensure seamless access to high-quality, structured data. The Commission will present a Data Union Strategy at the end of October aimed at better aligning data policies with the needs of businesses, the public sector and society.
