To establish fairness and contestability in digital markets for business and end users alike surely requires to deal with how personal data are gathered, processed and used by the various actors. Indeed, the Digital Markets Act contains a number of provisions that overlap and interplay with data protection rules, and in particular with the General Data Protection Regulation. Examples include data portability obligations (Article 6(9)), and the requirement to obtain end user consent to comply with certain DMA obligations (Articles 5{2}) and 6{10}).
An adequate enforcement of this new regulatory framework will thus need an informed, cross-disciplinary, constructive regulatory dialogue and exchanges with relevant regulators, experts and stakeholders on such interplay, with the aim to guarantee the well-functioning of the data economy, as well as an effective data protection.
• What are the data protection implications of the DMA?
• How can we bridge the DMA and the GDPR?
• What should be the enforcers’ priorities?
• What role does the protection of privacy and other end users’ fundamental rights play in the enforcement of DMA rules?
