Over the years, EASA has produced a number of position papers on several issues. Below are extracts of the latest ones. Full position papers can be released to interested people upon request. 

Audiovisual Media Services Directive (AVMSD)  

The Audiovisual Media Services Directive 2010/13/EU contains a common set of rules around advertising standards, including a ban on tobacco advertising and restrictions around advertising to children that apply to all audiovisual content services. The text also features rules about programme sponsorship, product placement and quantitative limitations on the amount of advertising time allowed per hour on linear services. 

The AVMS Directive was the first directive to dedicate an Article to formally recognise the value of self-regulation and the important role it can play in delivering a high level of consumer protection. 

Revised in 2018, the Directive is currently under evaluation and likely to be revised in autumn 2026, with a focus on ensuring a level playing field between traditional and digital players, clarifying the status of influencers, and strengthening protections for viewers, particularly minors, in online audiovisual content.  

EASA continues to actively promote the role of collective advertising self-regulation in protecting viewers—particularly minors—from inappropriate audiovisual commercial communications, as well as its work to support responsible influencer marketing. An implementation dialogue with Commissioner Virkkunen took place in May 2026, with EASA being invited alongside 20 other stakeholders.  

Background information 

  • The AVMS Directive updated the 1989 ‘Television without Frontiers Directive, the main advertising regulation in the EU. 
  • The AVMSD is a minimum harmonisation Directive. This means that Member States are free to choose the most appropriate means to achieve the EU objectives at the national level and that they can put in place stricter rules at the national level provided that those rules are consistent with the general principles of European law. 

Digital Fairness Act – Building on the 2024 Fitness check 

The European Commission initiated on 17th May 2022 a fitness check of EU consumer law. The fitness check aimed to assess the adequacy of the existing EU consumer protection legal framework, consisting of the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive (CRD) and the Unfair Contract Terms Directive (UCTD), to the digital context. Only the first of the legal acts mentioned (UCPD) has a direct impact on advertising.  

Building on the Fitness Check report, the Digital Fairness Act (DFA) aims to address identified gaps in consumer protection law, including dark patterns, addictive design, personalisation practices, and problematic influencer marketing. EASA has participated in all European Commission consultation rounds, from the fitness check through to the most recent public consultation on the DFA in October 2025. 

The Commission is expected to propose the new legislation in Q4 2026.  

EASA calls for effective enforcement of existing legislation, the avoidance of legal uncertainty, and the preservation of principle-based rules, while also underlining the comprehensive legal framework already in place for influencer marketing, complemented by robust advertising self-regulatory frameworks. 

Artificial Intelligence Act  

The Artificial Intelligence Act (AI Act) establishes a comprehensive, risk-based approach to regulating AI systems across the European Union. Adopted in 2024, it follows a phased implementation, with full application expected by 2028. Among its key provisions, Article 50 sets out transparency obligations for providers and deployers of AI generated content, including requirements to clearly label AI-generated or manipulated content constituting deepfakes, a provision with significant implications for the advertising sector. 

To ensure smooth implementation of Article 50 on transparency requirements, in view of its application date of 2nd August 2026, the Commission has developed a voluntary Code of Practice (CoP) setting out modalities for disclosure, alongside guidelines clarifying the scope of Article 50. 

EASA has been engaged throughout the consultation process, participating in the working group on the drafting of the GenAI Code of Practice and actively engaging with the co-chairs and the AI Office, expressing concerns about risks of scope creep, and proposing industry-specific disclosure standards in line with Article 50(4) of the AI Act, under the EASA framework, as a more effective alternative to blanket measures that would overlook sectoral needs and could negatively impact the advertising ecosystem.  

The Digital Services Act  

The Digital Services Act (DSA), presented by the Commission in December 2020, complements the E-commerce Directive and updates the legislative framework governing digital services and impact certain advertising elements. The DSA deals with issues such as the protection of consumers, the fundamental rights online, transparency requirements and the accountability framework for online platforms, among others.  

EASA actively engaged in advocacy efforts throughout the legislative process, which culminated in a political agreement in April 2022, entry into force in autumn 2022, and full application in early 2024. The Commission’s published the list of very large online platforms 3 months after entry into force (Q1 2023). 

In particular, the DSA addresses the following issues that are relevant for EASA: 

  • Codes of conduct and codes of conduct on online advertising 
  • Definition of “advertisement” and online advertising transparency 
  • Internal complaint settling and out of court dispute settlement 

EASA is keeping in touch with the relevant institutions and regulators, in the phase of DSA implementation, to continue to make the voice of national ad SR heard. EASA also maintains close ties with key enablers for the transparency of data-driven advertising, such as the European Interactive Digital Advertising Alliance (EDAA).   

Green Claims Directive 

The Commission tabled its proposal for a Green Claims Directive (GCD) on 22nd March 2023, laying down requirement to companies for the substantiation and communication of the claims they make about their product or services’ environmental merits, with a view to enabling consumers to make better informed environmental choices. All claims would have to be certified ex-ante by an independent accredited verifier. EASA has drafted a position paper and has communicated it to the relevant policymakers. 

EASA’s position paper flags major risks posed by an ex-ante verification mechanism. EASA advocates for the removal of the ex-ante verification mechanism -or at least a presumption of conformity applying by default to most claims.  In June 2025, the file had reached the third phase of trilogues; however, due to political deadlock in both the Parliament and the Council, the Commission indicated it may withdraw the proposal, putting the process on hold to date. 

The Green Claims Directive would complement existing EU consumer protection legislation, amended by the Directive Empowering Consumers for the Green Transition, adopted on 28th February 2024 and currently in the implementation phase, with rules set to apply from 27th September 2026. 

Issue-based commercial advertising  

“Issues-based ads” are commercial advertisements touching upon societal or controversial issues. As consumers are becoming increasingly conscious about the products and services they purchase, they want confidence that businesses adopt fair, ethical and sustainable business practices. As such, it is important for advertising to be able to reflect this, for example via issue-based ads. 

Such commercial issue-based ads are already regulated by EU law, such as the Unfair Commercial Practices Directive (UCPD) and Audiovisual Media Services Directive (AVMSD), complemented by the advertising self-regulatory systems, which provide robust, flexible and consumer-friendly mechanisms.  

The European Commission adopted on 13th March a legislative proposal for a Regulation introducing strict political advertising transparency requirements. The broad definition of political advertising in the Regulation risked covering a wide array of issue-based advertisements, including purely commercial ads.  

To avoid legal uncertainty and detrimental side effects, EASA called for excluding commercial advertising from the draft Regulation. This resulted in the introduction of the wording “liable and designed” in the definition by the co-legislators, among other useful changes. Following its final adoption, the Regulation started applying as from 10th October 2025. 

On 8th October 2025, the European Commission published implementation guidelines to provide greater clarity on the regulation’s scope, including interpretative criteria to prevent issue-based advertising from being classified as political advertising, mostly in line with EASA’s requests. EASA continues to monitor the implementation process.   

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