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Depending on implementation details, the EU Digital Markets Act (DMA) may have negative consequences regarding information privacy and security. The DMA’s interoperability mandates are a chief example of this problem. Some of the DMA’s provisions that pose risks to privacy and to the protection of personal data are accompanied either by no explicit safeguards or by insufficient safeguards.

Since the Schrems II decision of the EU Court of Justice (CJEU), lawfulness of transfers of personal data from the EU to the U.S. has been in a precarious position. Aiming to address this situation, the U.

The goal of this project is to assess the data privacy and security implications of the ‘new wave’ of legislation on digital services—both in the US and in the EU. In the EU, the proposals for the Digital Services Act and the Digital Markets Act include provisions that have potentially significant security and privacy implications, like interoperability obligations for online platforms or provisions for data access for researchers.

Published by the Counsel (March 2022): online version. Covered in Jonathan Ames and Catherine Baksi, ‘Karen Monaghan, QC, attacks gender bias in Supreme Court’ The Times (London, 24 October 2019)