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PONT Data&Privacy

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The impact of the Digital Services Package, which consists of the Digital Services Act (DSA) and the Digital Markets Act (DMA), extends anno 2025 beyond just new European regulations; it forms the backbone of a modern digital society that effectively responds to current challenges around data, privacy and platform power. Both laws have been in place since their enactment as the foundation for a transparent, secure and fair digital ecosystem-where protection of citizens' fundamental rights , innovation and market forces are central.

Digital Services Act: foundation for digital transparency

The DSA replaces the outdated E-Commerce Directive and adapts the regulatory framework to today's digital reality in which platforms play a essential role in daily life and in the dissemination of information and goods. The law introduces stricter requirements and mechanisms, including:

  • Early and effective detection of illegal online goods, services and content, through enhanced reporting systems and cooperation with trusted flaggers.

  • Mandatory traceability of business users on online marketplaces, for faster detection of offenders.

  • Transparency obligations and safeguards for users, such as being able to challenge decisions on content moderation.

  • Strengthened oversight by national regulators and the European Digital Services Board, with far-reaching powers to intervene in platforms that have wide reach and substantial influence.

These measures not only promote a safer Internet but also ensure that users are given real control over their digital environment, including through access to algorithm information and protection of freedom of expression.

Digital Markets Act: addressing platform power

The DMA aims to break the dominance of large online platforms ("gatekeepers") such as Amazon, Google and Meta and prevent them from continuing to dominate the market at the expense of innovation and choice for citizens and businesses. In practice, this means:

  • Clearly defined criteria for what constitutes a gatekeeper, based on user numbers and revenue, among other things.

  • Prohibition of unfair commercial practices such as self-preference and mandatory assurance of interoperability.

  • Transparency obligations regarding data sharing between platform, merchants and consumers, always within the framework of applicable privacy laws.

  • Encourage a level playing field, including protecting small and medium-sized platforms and startups from power concentration and unlawful barriers.

Gatekeepers continue to have room for innovation, but should not abuse their market power to harm competition and European values.

Topicality and social relevance

With the Digital Services Package, the EU has established a regulatory framework that responds directly to the growing role of digital services, data and platforms within all facets of social and economic life. This fits perfectly with the mission of PONT | Data & Privacy: reflection, knowledge sharing and critical discussion on digital transformation, with quality, diversity of perspectives and civil rights at the forefront. Citizens regain control, companies are stimulated to honest innovation and governments can enforce more effectively. The Package thus acts as an engine for a digital and just society in which both security and freedom of choice are guaranteed.

Political agreement on the DSA and DMA was reached in 2022; since then, these laws have been the guiding paradigm for digital policy within the European Union and beyond.