Digital Markets Act

2023 was marked by the adoption of key EU legislation in the field of data privacy, such as the Digital Services Act (“DSA”) and Digital Markets Act (“DMA”). Both introduce limitations and obligations on online platforms that process personal data for digital advertising. Ahead of the DSA and DMA’s implementation deadlines in February and March 2024 respectively, we will discuss below the key requirements they introduce specifically in relation to online targeted advertising. This blog post complements our previous blog post on the EU’s targeted advertising rules.Continue Reading Rules on Targeted Advertising: What do the Digital Markets Act and Digital Services Act Say?

On November 28, 2022, the European Commission launched a public consultation on whether the following three EU consumer laws remain adequate for ensuring a high level of consumer protection in the digital environment:

  • the Consumer Rights Directive (Directive 2011/83/EU, as amended), which sets out the minimum information traders must provide to EU consumers and which offers consumers certain rights, such as the right to withdraw from a contract;
  • the Unfair Contract Terms Directive (Directive 93/13/EEC, as amended), which prohibits terms in “standardized” (i.e., non-negotiable) business-to-consumer agreements that cause a significant imbalance between the parties rights and obligations to the detriment of consumers; and
  • the Unfair Commercial Practices Directive (Directive 2005/29/EC, as amended), which prohibits commercial practices considered unfair, for example, because they are misleading or aggressive.

The public consultation consists of filling out a short questionnaire, which needs to be submitted by February 20, 2023.  It is aimed at stakeholders that operate in the digital environment, such as online platforms.Continue Reading New Data Laws Prompt European Commission to Open Consultation on EU Consumer Laws

This post is the first of a series of blog posts about the Digital Markets Act (“DMA”), which was adopted on July 18, 2022, and it deals specifically with those provisions of the DMA that are relevant to organizations’ privacy programs.Continue Reading The Digital Markets Act for Privacy Professionals

On April 23, 2022, the European Parliament and Council of the EU announced that they reached a provisional political agreement on the Digital Services Act (“DSA”) during their final trilogue meeting.  The news comes roughly one month after the provisional political agreement on the Digital Markets Act (“DMA”).

Both acts are part of the European

On November 25, 2021, the Council of the European Union reached an agreement on the draft Digital Services Act (“DSA”) (see here and here) and the Digital Markets Act (“DMA”) (see here) bringing them one step closer to adoption.  The European Parliament will discuss the drafts on December 9 and plans to announce