Interplay between the DSA and the GDPR: EDPB adopts guidelines
The European Data Protection Board (EDPB) has released new guidelines clarifying the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR). This move is crucial for ensuring a coherent and effective digital rulebook that upholds fundamental rights and freedoms in the online space. The guidelines represent the first set of EDPB guidelines on the interaction between the GDPR and the recently adopted EU digital laws. The DSA, designed to complement the GDPR, focuses on safeguarding fundamental rights in the digital realm by creating a safer online environment. It applies to online intermediary services, including search engines and platforms. Several DSA provisions involve the processing of personal data by these services. The EDPB guidelines aim to aid in the consistent application of both the DSA and GDPR, particularly where DSA provisions refer to GDPR concepts. These guidelines provide practical guidance on how the GDPR should be applied alongside DSA obligations. They cover aspects such as notice-and-action systems, recommender systems, and provisions related to the privacy of minors, advertising transparency, and the prohibition of profiling-based advertising using special categories of data. These guidelines also provide clarity on cross-regulatory cooperation between authorities, providing more legal certainty for service providers and protecting individual rights. The guidelines are now open for public consultation, allowing stakeholders to provide feedback. Further work is underway with other regulators, including joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, and on the AI Act and EU data protection laws.
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