The European Commission services in charge of the implementation of the Digital Markets Act (DMA) and the European Data Protection Board (EDPB) have started a close collaboration to provide clarification and guidance on the interaction between the DMA and the General Data Protection Regulation (GDPR).
This strengthened dialogue between the two institutions aims to clarify the obligations of so-called digital gatekeepers, i.e. digital platforms that provide an important access point between businesses and consumers in relation to the core platform services, under the DMA, which are significantly intertwined with the GDPR. The need to ensure a uniform application of regulations towards these key digital market players is crucial to maintain a regulatory balance that is consistent and harmonised.
The development of a shared and unambiguous interpretation of the provisions contained in the DMA and GDPR is essential to ensure the effective implementation of both regulatory frameworks. This interpretation must respect the specific competences of each regulatory authority, where the GDPR applies and is referred to by the DMA, in order to ensure that the complementary objectives of these two important European regulations are achieved.
To this end, the DMA has established a high-level group, whose task is to provide the European Commission with advice and technical opinions, with the aim of ensuring that the DMA and other relevant sectoral regulations are implemented in a consistent and synergetic manner. Already in the past, the Commission and EDPB representatives had cooperated within this group on topics such as data management and interoperability obligations. The new project aims to deepen this cooperation, focusing on a closer integration of the two specific legal frameworks.