DGKV data protection team shares some news in relation to the Digital Markets Act (the “DMA”)

The DMA is a piece of the new EU digital regulatory framework that specifically applies to online platforms recognized as “gatekeepers” which are large digital platforms acting as important gateways between business users and consumers. The DMA is one of the centerpieces of the European digital strategy and aims to ensure fair and open digital markets.

On the 23 of March 2023, the European Commission adopted a Decision on setting up the High-Level Group for the Digital Markets Act (such new body, the “High-level Group”) pursuant to Article 40 of the DMA. The DMA entered into force on 1 November 2022 and will start to apply as of 2 May 2023. According to Article 2 of the European Commission’s decision, the main activities of the High-level Group are to provide the Commission, upon its request, with:

 •  advice and recommendations on any general matter of implementation or enforcement of the DMA;
 •  advice and expert knowledge to promote a consistent regulatory approach across different regulatory instruments; and
 • expert advice in the context of market investigations into new services and new practices on the need to amend, add or remove rules in the DMA.

The High-level Group is composed of 30 representatives nominated from the Body of the European Regulators for Electronic Communications, the European Data Protection Supervisor and the European Data Protection Board, the European Competition Network, the Consumer Protection Cooperation Network, and the European Regulatory Group of Audiovisual Media Regulators.

The advice and recommendations issued by the High-level Group are expected to be of authoritative, albeit not legally binding, nature in a similar manner as are the guidelines and opinions of the European Data Protection Board pursuant to the GDPR and of its predecessor the Article 29 Working Party that used to advise pursuant to the repealed Data Protection Directive.