DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints
The European Data Protection Board (EDPB) and the European Commission have jointly endorsed guidelines to clarify the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR). These guidelines represent a collaborative effort to ensure coherent application of both regulations and increase legal certainty for businesses. This initiative aligns with the EDPB's 2024-2027 Strategy and the Helsinki Statement, which aim to simplify GDPR compliance and strengthen consistency across the EU. The joint guidelines detail how gatekeepers, those large digital platforms offering core services like search engines and app stores, can implement DMA provisions in compliance with GDPR. Key elements include requirements for specific choice and valid consent under Article 5(2) of the DMA and GDPR when combining or cross-using personal data in core platform services. Other provisions covered include the distribution of third-party apps, data portability, access requests, and interoperability of messaging services. The guidelines aim to assist gatekeepers, business users, and individuals in understanding their obligations and rights under the DMA, ensuring a consistent and effective application of EU data protection law. A public consultation on the guidelines is open until December 4, 2025, allowing stakeholders to provide feedback. The final version will be jointly prepared and adopted by the EDPB and the European Commission. These joint guidelines are the first of their kind, signaling the beginning of ongoing collaborative efforts to clarify the intersection of digital regulations. The EDPB is also working with the Commission on joint guidelines on the interplay between the AI Act and EU data protection laws, further demonstrating the EU's commitment to digital governance.
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