"DIGITAL MARKETS ACT: WORKSHOP ON THE DMA AND DATA-RELATED OBLIGATIONS" (European Comission. Brussels, 5 May 2023)

"EU Digital Markets Act: workshop on data-related obligations Stakeholders" asked that the implementation of these obligations takes account of end-user interests.

They also asked for guidance on undefined concepts such as "data combination", key performance indicators to measure compliance, and appropriate cooperation and coordination by regulators.

Workshop of 5 May 2023 on "The DMA and data related obligations" aim to discuss how to ensure effective compliance with the data-related provisions set out in the Digital Markets Act.

This workshop address issues such as the processing for the purpose of providing online advertising services, combination, and cross-use of personal data by gatekeepers, the use of non-publicly available data of business users and data portability.

The Regulation (EU) 2022/1925, Digital Markets Act was published in the Official Journal on 12 October 2022.

It entered into force on 1 November 2022 and will be applicable as of 2 May 2023.

It is the first global regulation aiming to ensure fair and contestable markets in the digital sector.

The Commission believes it is important for all stakeholders to provide their input and views on various implementation questions, whilst fully respecting the letter and the spirit of the Digital Markets Act.

The view of third parties, including but not exclusively of those who are potential beneficiaries of the Digital Markets Act be an important input in ensuring practicable, transparent, and effective compliance solutions.

<b>PRESENTATIONS</b>

Opening speech by the European Commission

Panel 1 - "Combination and cross-use of personal data online" Examples of questions to be discussed:

How does Article 5(2) fit in a broader context of rules concerning processing of personal data? What is the interplay with the GDPR?

What are the implications of Article 5(2) for gatekeepers as well as business users and end users of gatekeepers?

How should gatekeepers prepare for compliance?

How should compliance look like from the end user's perspective? What changes are required to the current solutions on processing of personal data by gatekeepers?

How to effectively differentiate between combining personal data and cross-use of personal data?

What are the main challenges, and possible solutions, for the effective implementation of Article 5(2) DMA?

Introduction by Prof. Dr. Carissa Véliz (Oxford university) followed by the presentation of each panellist

Panellists: Prof. Dr. Carissa Véliz, Tim Lamb (Meta), Jan Penfrat (EDRi - European Digital Rights), Sophie Nerbonne (CNIL - French Data Protection Authority), Cornelius Witt (Eyeo)

Moderator: European Commission

Panel 2 - "Fostering contestability and fairness: restrictions on the use of non-publicly available data of business users by gatekeepers"

Examples of questions to be discussed:

How should "in competition with" be understood and used?

What is the scope of "non-publicly" available data?

How to ensure that such "data silo" obligation in an ecosystem environment is not undermined?

How to practically implement and monitor a data silo remedy? Draft of 5 May 2023

Introduction by Giorgio Monti (Tilburg university and research fellow at CERRE) followed by the presentation of each panellist Panellists: Prof. Giorgio Monti, Chris Meyers (Amazon), Kevin Donahue (Blueprint), Anselm Rodenhausen (Zalando), Ilari Kallio (Finnish Commerce Federation )

Moderator: European Commission

Panel 3 - "How to ensure effective and privacy compliant data portability and data access for end users and business users?"

Examples of questions to be discussed:

What solutions could one envisage to ensure effective data portability for end users?

Are there any lessons we should build on in view of Article 20 GDPR implementation experience?

How to ensure effective, high-quality, continuous, and real-time access to, and use of, (personal) data for business users?

Introduction by Prof. Dr. Alexandre de Streel (University of Namur and academic director CERRE) followed by the presentation of each panellist

Panellists: Prof. Dr. Alexandre de Streel, Olivier Bethell (Google), Catalina Hernandez Serra (Santander), Chris Riley (DTI - Data Transfer Initiative)

Moderator: European Commission

Closing remarks by the European Commission