Insights European Data Protection Supervisor publishes Opinions on the Digital Services Act and the Digital Markets Act


The EDPS says that both Opinions aim to assist 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, targeted online advertising and recommender systems used by online platforms, such as social media and marketplaces.

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. Further, European legislators should consider a ban on targeted online 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.

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. To read the EDPS’s press release in full and for a link to the Opinions, click here.