- From November 2020, the European Commission proposed several regulations which, upon formal adoption and entry into force or application, will have a direct effect throughout all EU member States.
- These proposals aim at facilitating the further use and sharing of (personal and non-personal) data between public and private entities, supporting the use of specific technologies and big Data and regulating digital markets and services.
- In any event, this enhanced framework will apply without prejudice to the General Data Protection Regulation (GDPR).
DIGITAL MARKETS AND SERVICES
Digital Markets Act (DMA) - EU Regulation in preparation
Purpose | Increasing EU digital market competition |
Addresses | Major digital platforms operating in the EU (gatekeepers) |
Main takeaway(s) |
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Adoption process | Ongoing, proposal dated 15 December 2020 |
Entry into force | Adoption expected in fall 2022, applicable 6 months later |
Digital Services Act (DSA) - EU Regulation in preparation
Purpose | Enhanced liability of DS providers for illegal content |
Addresses | Providers of online intermediary services, incl. platforms |
Main takeaway(s) |
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Adoption process | Ongoing, proposal dated 15 December 2020 |
Entry into force | Application expected from 1 January 2024 or even earlier |
DATA
Data Governance Act (DGA) - EU Regulation adopte
Purpose | Framework for the re-use of data held by public authorities |
Addresses | Private entities, for commercial or non-profit purposes |
Main takeaway(s) |
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Adoption process | Published in the Official Journal on 3 June 2022 |
Application | Applicable from 24 September 2023 |
Data Act (DA) - EU Regulation in preparation
Purpose | Raising data economic value and availability for
innovation whilst ensuring everyone gain control over their data |
Addresses | Data generated by the use of products or related services |
Main takeaway(s) |
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Adoption process | Ongoing, proposal dated 23 February 2022 |
Entry into force | Expected entry into force in 2022 |
- Depending on the services provided, entities operating platforms may fall within the scope of one or more of the abovementioned (proposed) Regulations. For instance, large online platforms with a strong economic position may act as both data holder and gatekeeper. There is no perfect overlap in the definition of platforms however in the DSA and the DMA.
- The DMA complements the enforcement of competition law at EU and national level. It is without prejudice to the application of EU and national competition rules regarding unilateral behaviour. It addresses unfair practices by gatekeepers that either (i) fall outside the scope of existing EU competition rules, or (ii) cannot be effectively tackled by them because of the systemic nature of some behaviours and the ex-post and case-by-case nature of competition law.
For more information, contact our ICT, IP, media and data protection team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.