Observed Signal · Dec 12, 2022 · Regulation · Source: CMSWire · Impact: 4/5 · Sentiment: Negative
EU Digital Services Act Sets New Rules for Targeted Advertising
The EU Digital Services Act (DSA), which entered into force on Nov. 16, 2022, introduces sweeping transparency and accountability obligations for online platforms, with major implications for digital marketing. The regulation prohibits targeted advertising based on minors' personal data, restricts the use of sensitive personal data such as gender, race, and religion for ad targeting, and bans misleading 'dark patterns.' Very large online platforms and search engines (VLOPs/VLOSEs) with more than 45 million monthly users face stricter requirements, including optional non-profiling recommendation systems, annual systemic risk assessments, and independent audits. Platforms must report their active user numbers by Feb. 17, 2023, to determine designation, and EU member states must appoint Digital Services Coordinators by Feb. 17, 2024. Experts from Protiviti and the Electronic Frontier Foundation comment on compliance burdens and civil liberties concerns.
The EU Digital Services Act is a landmark regulation that imposes significant new restrictions on targeted advertising, data use, and platform transparency, fundamentally reshaping digital marketing compliance in the EU and influencing global standards.
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Key Takeaways & Evidence Grounding
- The EU Digital Services Act entered into force on Nov. 16, 2022.
- The DSA prohibits targeted advertising based on minors' personal data and restricts sensitive data (gender, race, religion) use for ad targeting.
- The DSA bans misleading interfaces known as 'dark patterns'.
- Very large online platforms (VLOPs) and search engines (VLOSEs) with over 45 million users face stricter obligations, including independent audits and risk assessments.
- Platforms must report active EU user numbers by Feb. 17, 2023, to determine VLOP/VLOSE status.
Ontology Mapping & Concepts
Related Market Signals & Shifts
Recent verified developments and strategic activity across this market segment.
German Federal Court Hears Cookie Storage Liability Case
Germany's Federal Court of Justice (BGH) is hearing a case on whether a technology and analytics company is liable for storing cookies on users' devices without consent on third-party websites. The plaintiff seeks damages, with lower courts awarding €1,500 and then €100. The case centers on the interpretation of the TDDDG. A ruling is not expected immediately. Legal experts say a BGH confirmation of the lower court's view would require companies to implement technical and organizational measures beyond contractual assurances to prevent unauthorized cookie placement. Meanwhile, the EU Commission proposed in November 2025 to reduce cookie banner pop-ups by allowing users to store preferences on their devices. The proposal faces scrutiny in the European Parliament and Council, with consumer advocates concerned about member states' resistance.
Apple Safari Blocklist Pushes Publishers to Trusted Server
Apple's latest software update has started blocking ad tech companies that track users for targeted advertising in Safari, prompting publishers to urgently revisit IAB Tech Lab's Trusted Server. This server-side solution moves ad auctions from users' devices to publisher-controlled servers, bypassing Apple's blocklist. Publishers like Paradium have already adopted it, while others are evaluating their options. The move highlights Apple's growing control over digital advertising, raising concerns about market power and the impact on publisher revenue. As Apple expands its own ad business, the blocklist underscores the shifting power dynamics in the ad tech ecosystem.
Four State AGs Sue TP-Link Over Alleged Security Breaches
The attorneys general of Florida, Montana, Iowa, and Nebraska have filed lawsuits against TP-Link, alleging the company misrepresented its ties to China and the security of its routers. The lawsuits claim that TP-Link's routers are vulnerable to hacking by Chinese state-sponsored actors and that the company falsely claimed to have moved manufacturing to Vietnam while research and production remain rooted in China. TP-Link, which holds about 60% of the U.S. network device market, was previously investigated by the U.S. government in 2024 and did not receive an exemption from the FCC's ban on foreign-manufactured routers. The states seek to hold TP-Link accountable for deceptive advertising and potential national security risks.
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