Netherlands: Announced next steps on Guidance on Manipulative, Deceptive and Exploitative AI systems

On 18 December 2024, the Data Protection Authority (AP) published a summary of responses from its consultation on Manipulative, Deceptive, and Exploitative AI systems and outlined the next steps. The consultation, which closed on 17 November 2024, sought input to develop guidelines for the EU AI Act's prohibitions on such systems. Observations included overlap with existing regulations such as the Digital Services Act (DSA) and GDPR, the potential for AI to amplify risks, and a lack of detailed guidance in the Act. Concerns raised encompassed the use of dark patterns and generative AI, exploitation of vulnerabilities, unclear definitions of "significant harm" and "material distortion" of behaviour, and distinctions between individual and group harms. As a next step, the AP will collaborate with EU authorities to draft guidelines, providing clarity on terms and concepts.