Advertising and marketing—international Q&A guides

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Latest Ireland - Commercial News

EU countries question proposed approach for delaying AI Act’s key duties

MLex: A planned delay for key EU AI Act duties has come under question from Member States, which warn that the European Commission’s proposed approach lacks clear criteria, predictability and sufficient involvement of national authorities. Even supporters of a pause raised concerns, while others asked what happens if the relevant compliance tools aren’t ready even with the new timeline or if the amendments don’t pass before the August 2026 deadline.

General Court dismisses Amazon’s Challenge to VLOP designation (Amazon EU v Commission)

EU Law analysis: In its judgment of 19 November 2025 in Case T-367/23, the General Court of the European Union dismissed the action brought by Amazon EU Sàrl (Amazon) against its classification by the European Commission (Commission) as a so-called ‘Very Large Online Platform’ (VLOP) under Article 33(1) of Regulation (EU) 2022/2065 (EU Digital Services Act or EU DSA). Notably, Amazon does not call into question the correctness of the figure of 45 million monthly active users within the EU to qualify as a VLOP. The meeting of this threshold is out of dispute. Rather, Amazon takes the position that Article 33(1) DSA is unlawful in so far as that provision makes certain marketplaces subject to the obligations laid down in Articles 34 to 43 DSA. In particular, Amazon puts forward an infringement of the freedom to conduct its business, its right to property, the principle of equal treatment, the freedom of expression and of information and the protection of confidential information. All these rights are enshrined in the Charter of Fundamental Rights of the European Union (the Charter). The General Court considered all these rights on an individual basis, confirmed for most of them an interference, but at the same time emphasized that none of these rights is of absolute character. The court therefore engaged in analysing whether the specific interference could be justified. Ultimately, the judges reached the conclusion that in the case of Amazon the obligations imposed by the EU DSA are within proportion and therefore justifiable. Written by Dr Nils Rauer MJI, partner, Global Co-Lead Artificial Intelligence & head of German Intellectual Property at Pinsent Masons.

Council of the EU announces provisional deal with European Parliament to revise package travel directive

The Council of the EU has announced that its has reached a provisional agreement with the European Parliament to revise the directive on package travel, aiming to make traveller protection more effective by strengthening consumers’ rights, clarifying organisers’ obligations and reducing burdens for operators. The agreement introduces a clarified definition of ‘package travel’, removes linked travel arrangements from scope and sets enhanced information requirements before, during and after a trip, including payment methods, visa and passport rules, accessibility for travellers with reduced mobility and termination fees. It also requires organisers to maintain complaint-handling arrangements and improves the information travellers must receive in the event of organiser insolvency.

Commission opens consultation on draft AI regulatory sandbox implementing regulation

The European Commission has published a draft implementing regulation establishing rules for the set-up and operation of AI regulatory sandboxes. The 12-page draft regulation, referenced as Ares(2025)10569703, is classified under the Digital economy and society topic and falls within committee C129100's remit. The Commission has opened the draft act for public feedback to inform finalisation of the initiative, with all received feedback to be published on the consultation website. The regulation aims to provide a structured framework for AI regulatory sandbox operations, though specific provisions of the draft have not been detailed in the consultation announcement. The public consultation period runs from 2 December 2025 to 30 December 2025.

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