RegStream

The EDPS published Opinions today on the European Commission’s proposals for a Digital Services Act and a Digital Markets Act. Both Opinions aim to assist the EU legislators to shape a digital future rooted in EU values, including the protection of individuals’ fundamental rights, such as the right to data protection.

The EDPS welcomes the proposal for a Digital Services Act that seeks to promote a transparent and safe online environment. In his Opinion, the EDPS recommends additional measures to better protect individuals when it comes to content moderation, online targeted advertising and recommender systems used by online platforms, such as social media and marketplaces.

Wojciech Wiewiórowski, EDPS, said: “We note that the Proposal does not impose a general monitoring obligation, it confirms reasonable liability exemptions and supplements them with a pan-European system of notice and action rules, so far missing. ”

The EDPS highlights that any form of content moderation should take place in accordance with the rule of law. Profiling for the purpose of content moderation should be prohibited unless the online service provider can demonstrate that such measures are strictly necessary to address the systemic risks explicitly identified in the Digital Services Act. Furthermore, the European legislators should consider a ban on online targeted advertising based on pervasive tracking and restrict the categories of data that can be processed for such advertising methods.

In his Opinion on the Digital Markets Act, the EDPS welcomes the European Commission’s proposal that seeks to promote fair and open digital markets and the fair processing of personal data by regulating large online platforms acting as gatekeepers.

Wojciech Wiewiórowski, EDPS, said: “Competition, consumer protection and data protection law are three inextricably linked policy areas in the context of the online platform economy. Therefore, the relationship between these three areas should be one of complementarity, not friction. ”

The EDPS highlights the importance of fostering competitive digital markets so that individuals have a bigger choice of online platforms and services that they can use. Giving users better control over their personal data can reinforce contestability in digital markets. Increased interoperability can help to address user lock-in and ultimately create opportunities for services to offer better data protection.

To guarantee the successful implementation of the European Commission’s Digital Services Act package, the EDPS calls for a clear legal basis and structure for closer cooperation between the relevant oversight authorities, including data protection authorities, consumer protection authorities and competition authorities.