Preparing for 2023 and Beyond - EU Digital Markets and Services Regulations

November 2022
Region: Europe
The EU has adopted two new regulations for digital services and markets in the EEA.

The Digital Markets Act (DMA), imposes a number of obligations on gatekeepers aimed at ensuring fair competition in digital markets and prohibiting digital business practices which are deemed unfair. The main obligations imposed by the DMA on gatekeepers are rooted in EU competition law, in that they aim to ensure that gatekeepers cannot exploit the entrenched position of their core platform services in the internal market to the detriment of business users.

The European Commission will be solely responsible for enforcing the DMA and it has announced that this function will be conducted primarily by the Directorate for Competition (DG COMP) and the Directorate for Communications Networks, Content and Technology (DG CONNECT).

The Digital Services Act (DSA), complements the DMA and applies to providers of “intermediary services”, such as providers of conduit, caching or hosting services. It establishes a list of do’s and don’ts that most online intermediation companies and their trading partners will need to implement by mid-2024 in their daily operations to create a safer digital space and content moderation. Each Member State will designate competent authorities, with one of them being a newly designated Digital Services Coordinator responsible for the supervision and enforcement of the DSA in that Member State.

This client insight will help you to understand how these changers may affect you and steps to remain compliant.