European Union

Parliament Committee adopts position on DMA

The European Parliament announced, on 23 November 2021, that the Internal Market and Consumer Protection Committee had adopted its position on the DMA proposal, which sets rules on what companies with ‘gatekeeper’ status will be allowed to do and not to do in the EU.

The proposed text of the DMA, as adopted by the Committee, would apply to the major companies providing ‘core platform services” meeting the criteria to be designated as « gatekeepers ».

The Committee Proposal provides that a gatekeeper must for its own commercial purposes, and the placement of third-party advertising in its own services, refrain from combining personal data for the purpose of delivering targeted or micro-targeted advertising, except if there is a clear, explicit, renewed, informed consent, in line with the GDPR.

The Committee Proposal also includes provisions to restrict gatekeepers from making acquisitions in areas relevant to the DMA in order to prevent damage to the internal market.

The DMA is now due to be voted in December 2021.

The agreed text will  become the Parliament’s mandate for negotiations with EU governments, planned in the first semester of 2022.

You can read the press release here.

Council of the EU agrees position on Commission proposal for the DSA

The Council of the EU announced, on 25 November 2021, that it had agreed its position on the European Commission’s proposal for a DSA, suggesting further amendments to the same.

The main aim of the Commission’s proposed DSA is to keep users safe from illegal content, and services, and to protect their fundamental rights online.

The Council put forward the following main changes to the Commission’s proposal :

• To clarify and enhance provisions on the scope of the DSA ;
• To include online search engines ;
• To provide enhanced protection of minors online ;
• To add obligations for online marketplaces and search engines, as well as stricter rules for very large online platforms ;

Lastly, the Council’s general approach provides the Council Presidency with a mandate for further discussions with the European Parliament, scheduled for 2022.

You can read the Council’s general approach here and the press release here.

National Authorities

DPC publishes guidelines on use of domestic CCTV

The DPC announced on 23 November 2021, that it had released guidance on the use of domestic CCTV.

The purpose of the guidance is to set out the DPC’s general approach to complaints from individuals relating to the operation of domestic CCTV, which is also grounded in the DPC’s  Regulatory Strategy 2022-2027.

You can read the guidance here.