European Regulators Join Forces to Clarify Digital Market Rules

The European Data Protection Board (EDPB) and the European Commission have announced a collaborative effort to develop guidance on the interplay between the General Data Protection Regulation (GDPR) and the Digital Markets Act (DMA).

The initiative, revealed on September 10, 2024, aims to address the complex relationship between these two pivotal pieces of legislation that govern data protection and digital market competition in the European Union.

At the heart of this collaboration is the need to ensure coherent application of both regulatory frameworks to digital gatekeepers - large online platforms that act as intermediaries between businesses and consumers. The Commission's services responsible for enforcing the DMA will work closely with the EDPB to clarify how obligations under the DMA intersect with the established data protection principles of the GDPR.

"Developing a coherent interpretation of the DMA and GDPR while respecting each regulator's competences is crucial," said a spokesperson for the initiative. "This will effectively implement the two regulatory frameworks and achieve their respective and complementary objectives."

The collaboration builds upon existing engagement between the Commission, EDPB, and European Data Protection Supervisor (EDPS) within the DMA's High Level Group. This group, established by the DMA, provides the Commission with expert advice to ensure coherent and complementary implementation of the DMA alongside other sectoral regulations applicable to gatekeepers.

Previous discussions in the High Level Group have already touched upon data-related and interoperability obligations. The new project aims to deepen this cooperation, focusing specifically on areas where the GDPR applies and is referenced in the DMA.

Industry experts anticipate that this collaboration could lead to clearer guidelines for tech giants operating in the EU, potentially easing compliance challenges while strengthening consumer data protection and fair competition in digital markets.

As the digital landscape continues to evolve rapidly, this joint effort between data protection authorities and competition regulators signals a proactive approach to addressing the complex interplay between privacy rights and market dynamics in the digital age.

The timeline for the release of the guidance has not been specified, but stakeholders in the tech industry and privacy advocates alike will be watching closely for the outcomes of this significant regulatory collaboration.

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