Kay Jebelli
@kayjebelli.bsky.social
Computer engineer/competition lawyer; TCK; personal views expressed. Pro-abundance policy, working for @chamberofprogress.bsky.social
Full article here: www.mlex.com/mlex/articl...
EU Commission eyes codifying ‘legitimate interest’ as legal basis for AI training | MLex | Specialist news and analysis on legal risk and regulation
The European Commission is close to presenting an amendment to the GDPR that would codify “legitimate interest” as the legal basis for training AI systems with personal data. The proposal is currently being discussed between the relevant commission departments and, if confirmed, would be part of a set of targeted amendments expected on Nov. 19.
www.mlex.com
November 5, 2025 at 7:43 PM
Full article here: www.mlex.com/mlex/articl...
So it's a good sign (if it comes to pass), that the Commission is showing some responsiveness to Member State concerns that Europe is falling dangerously behind on AI, and that EU rules and overly cautious enforcement, are dragging European competitiveness down.
November 5, 2025 at 7:43 PM
So it's a good sign (if it comes to pass), that the Commission is showing some responsiveness to Member State concerns that Europe is falling dangerously behind on AI, and that EU rules and overly cautious enforcement, are dragging European competitiveness down.
This amendment would help fix that missed opportunity, and reign in the anti-tech DPAs a little bit.
November 5, 2025 at 7:43 PM
This amendment would help fix that missed opportunity, and reign in the anti-tech DPAs a little bit.
LAst year the EDPB released a guidance opinion that was supposed to provide some clarity and EU level harmonisation, but it didn't really move the needle on uncertainty and left too much discretion to national DPAs to block legitimate AI training. www.edpb.europa.eu/news/news/2...
November 5, 2025 at 7:43 PM
LAst year the EDPB released a guidance opinion that was supposed to provide some clarity and EU level harmonisation, but it didn't really move the needle on uncertainty and left too much discretion to national DPAs to block legitimate AI training. www.edpb.europa.eu/news/news/2...
And of course, this doesn't impact the uncertainty around copyrighted content, this is just a subset of training data, but still important, particularly for European model deployers who want to be able to improve their services based on users' interactions with the service.
November 5, 2025 at 7:43 PM
And of course, this doesn't impact the uncertainty around copyrighted content, this is just a subset of training data, but still important, particularly for European model deployers who want to be able to improve their services based on users' interactions with the service.
We'll obviously have to wait until Nov 19 to see what that codification looks like, if there are any unnecessary limitations in its scope, which would mean uncertainty remains, but hopefully it goes in the right direction.
November 5, 2025 at 7:43 PM
We'll obviously have to wait until Nov 19 to see what that codification looks like, if there are any unnecessary limitations in its scope, which would mean uncertainty remains, but hopefully it goes in the right direction.
After numerous calls from different member states pushing the EC to be a bit more pro-AI, it seems we're finally seeing some progress, with a possible amendment to codify the applicability of the legitimate interests exemption, which would remove some of that legal uncertainty.
November 5, 2025 at 7:43 PM
After numerous calls from different member states pushing the EC to be a bit more pro-AI, it seems we're finally seeing some progress, with a possible amendment to codify the applicability of the legitimate interests exemption, which would remove some of that legal uncertainty.
Data protection authorities across Europe have been lobbying to become AI enforcers, but they don't have a great track record of encouraging technological advancements
November 5, 2025 at 7:43 PM
Data protection authorities across Europe have been lobbying to become AI enforcers, but they don't have a great track record of encouraging technological advancements
There have been dozens of privacy investigations in Europe against AI, Google, Meta and OpenAI have all had to delay or cancel product and service launches because of "regulatory uncertainty" and concerns over privacy investigations
November 5, 2025 at 7:43 PM
There have been dozens of privacy investigations in Europe against AI, Google, Meta and OpenAI have all had to delay or cancel product and service launches because of "regulatory uncertainty" and concerns over privacy investigations
“Many in the Brussels bubble will welcome the rise of a mainstream, pro-governing and reform-oriented party,” said one EU diplomat, granted anonymity because the subject is politically sensitive. “The Dutch have a lot to contribute to the EU.”
October 30, 2025 at 5:11 PM
“Many in the Brussels bubble will welcome the rise of a mainstream, pro-governing and reform-oriented party,” said one EU diplomat, granted anonymity because the subject is politically sensitive. “The Dutch have a lot to contribute to the EU.”
You can read our full submission here: progresschamber.org/resources/s...
Submission to EC Consultation - Digital Fairness Act Call for Evidence - Chamber of Progress
25Q4 - Submission to EC Digital Fairness Act - Call for Evidence (24 Oct)Download
progresschamber.org
October 27, 2025 at 5:21 PM
You can read our full submission here: progresschamber.org/resources/s...
European consumers are already the best protected in the world. Let’s not make them worse off by layering on unnecessary bureaucracy that limits what they can access and enjoy online.
October 27, 2025 at 5:21 PM
European consumers are already the best protected in the world. Let’s not make them worse off by layering on unnecessary bureaucracy that limits what they can access and enjoy online.
Our message to the Commission is simple:
✅ Focus on coordination, clarity, and enforcement.
🚫 Don’t re-legislate what’s already covered.
💡 Keep Europe open to innovation so consumers can choose.
✅ Focus on coordination, clarity, and enforcement.
🚫 Don’t re-legislate what’s already covered.
💡 Keep Europe open to innovation so consumers can choose.
October 27, 2025 at 5:21 PM
Our message to the Commission is simple:
✅ Focus on coordination, clarity, and enforcement.
🚫 Don’t re-legislate what’s already covered.
💡 Keep Europe open to innovation so consumers can choose.
✅ Focus on coordination, clarity, and enforcement.
🚫 Don’t re-legislate what’s already covered.
💡 Keep Europe open to innovation so consumers can choose.
As the Draghi Report warned, Europe’s competitiveness depends on cutting internal friction and regulatory over-reach. The DFA should heed that advice.
October 27, 2025 at 5:21 PM
As the Draghi Report warned, Europe’s competitiveness depends on cutting internal friction and regulatory over-reach. The DFA should heed that advice.
🇪🇺 Europe’s goal now should be smart enforcement of existing laws, not over-regulation. Simplify, harmonise, and let consumers enjoy the benefits of the digital single market without suffocating it in red tape.
October 27, 2025 at 5:21 PM
🇪🇺 Europe’s goal now should be smart enforcement of existing laws, not over-regulation. Simplify, harmonise, and let consumers enjoy the benefits of the digital single market without suffocating it in red tape.
So let’s be honest: a DFA that curtails free trials would make European consumers worse off — less choice, less innovation, less flexibility. No other region is even debating banning them.
October 27, 2025 at 5:21 PM
So let’s be honest: a DFA that curtails free trials would make European consumers worse off — less choice, less innovation, less flexibility. No other region is even debating banning them.
Don't get me wrong. Users should definitely be protected from scammy trials that trick users, or that make it impossible to cancel after becoming paid, but European consumer law already does this!
Europe doesn’t need more paperwork — it just needs enforcers that get to work.
Europe doesn’t need more paperwork — it just needs enforcers that get to work.
October 27, 2025 at 5:21 PM
Don't get me wrong. Users should definitely be protected from scammy trials that trick users, or that make it impossible to cancel after becoming paid, but European consumer law already does this!
Europe doesn’t need more paperwork — it just needs enforcers that get to work.
Europe doesn’t need more paperwork — it just needs enforcers that get to work.
And the law already covers abuse:
CRD → clear consent & withdrawal rights.
UCPD → no misleading marketing.
DSA & Omnibus → easy cancellation.
If firms break these, CPC authorities can already act.
CRD → clear consent & withdrawal rights.
UCPD → no misleading marketing.
DSA & Omnibus → easy cancellation.
If firms break these, CPC authorities can already act.
October 27, 2025 at 5:21 PM
And the law already covers abuse:
CRD → clear consent & withdrawal rights.
UCPD → no misleading marketing.
DSA & Omnibus → easy cancellation.
If firms break these, CPC authorities can already act.
CRD → clear consent & withdrawal rights.
UCPD → no misleading marketing.
DSA & Omnibus → easy cancellation.
If firms break these, CPC authorities can already act.
Free trials are pro-consumer and pro-competition.
They reduce information asymmetry, help smaller firms reach new users, and give consumers confidence to buy. Restricting them means fewer startups, fewer options, and higher switching costs.
They reduce information asymmetry, help smaller firms reach new users, and give consumers confidence to buy. Restricting them means fewer startups, fewer options, and higher switching costs.
October 27, 2025 at 5:21 PM
Free trials are pro-consumer and pro-competition.
They reduce information asymmetry, help smaller firms reach new users, and give consumers confidence to buy. Restricting them means fewer startups, fewer options, and higher switching costs.
They reduce information asymmetry, help smaller firms reach new users, and give consumers confidence to buy. Restricting them means fewer startups, fewer options, and higher switching costs.
🎯 Nowhere is that clearer than on free trials.
The DFA hints at treating free trials with suspicion — but they’re how consumers test, compare, and choose. Without them, Europeans lose access to one of the few risk-free ways to discover digital products.
The DFA hints at treating free trials with suspicion — but they’re how consumers test, compare, and choose. Without them, Europeans lose access to one of the few risk-free ways to discover digital products.
October 27, 2025 at 5:21 PM
🎯 Nowhere is that clearer than on free trials.
The DFA hints at treating free trials with suspicion — but they’re how consumers test, compare, and choose. Without them, Europeans lose access to one of the few risk-free ways to discover digital products.
The DFA hints at treating free trials with suspicion — but they’re how consumers test, compare, and choose. Without them, Europeans lose access to one of the few risk-free ways to discover digital products.
When different regulators can’t agree what’s allowed, companies over-comply or exit the market. The result isn’t stronger protection — it’s fewer services for consumers.
October 27, 2025 at 5:21 PM
When different regulators can’t agree what’s allowed, companies over-comply or exit the market. The result isn’t stronger protection — it’s fewer services for consumers.
The real risk? Legal uncertainty. Each new rule creates conflicting definitions and double obligations. “Dark patterns,” “addictive design,” “vulnerabilities,” “unfair personalisation” — all already covered under the DSA, AI Act, GDPR, and UCPD.
October 27, 2025 at 5:21 PM
The real risk? Legal uncertainty. Each new rule creates conflicting definitions and double obligations. “Dark patterns,” “addictive design,” “vulnerabilities,” “unfair personalisation” — all already covered under the DSA, AI Act, GDPR, and UCPD.