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The Digital Services Act vs. The Digital Markets Act

Loeb Advanced Media & Technology of counsel Susan Israel is quoted in an article published by AdExchanger discussing the shared goals between The Digital Services Act (DSA) and The Digital Markets Act (DMA) in protecting consumer data and privacy. The two acts were adopted by the European Parliament in July 2022 under one legislative package but function as two distinct laws.

According to the article, the DSA creates obligations for online platforms to moderate content and implement transparency in data collection, while the DMA is an anti-competition law targeting “gatekeeper platforms,” including Google, Amazon and Meta, which requires them to receive consent before utilizing personal data for targeted advertising. The DSA and DMA are both European laws with overlapping consent requirement with the General Data Protection Regulation (GDPR). The majority of the acts’ targeted companies are located in the U.S.

“The DSA and the DMA have overlapping consent requirements with the GDPR, meaning platforms that don’t comply now can be hit with multiple violations at once,” Susan explained. However, she noted that whether companies choose to apply European privacy expectations to American users before they’re eventually forced to will be their own decision to make.

To read the full article, please visit AdExchanger’s website.