The Synergy Between European Union Data Protection and Digital Market Regulation
The Synergy Between European Union Data Protection and Digital Market Regulation
Author(s): Marianna ZawalSubject(s): Human Rights and Humanitarian Law, Law on Economics, EU-Legislation
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: General Data Protection Regulation; Digital Markets Act; consent; user autonomy;
Summary/Abstract: This article examines the relationship between the General Data Protection Regulation (GDPR) and the Digital Markets Act (DMA), with a particular focus on how gatekeeper obligations affect the legal bases for personal data processing. While Article 6 GDPR provides several lawful grounds, such as consent, necessity for contract performance, and legitimate interests, Article 5(2) DMA significantly restricts gatekeepers' ability to rely on the latter two. The author highlights the increasing regulatory pressure to ensure that consent is freely given, especially in light of EDPB Opinion 08/2024 and the European Commission's April 2025 decision concerning the "consent or pay" model. The analysis reflects the EU's broader effort to reinforce fundamental rights and ensure genuine user autonomy in the context of digital platform regulation.
Journal: Zeszyt Prawniczy UAM
- Issue Year: 2025
- Issue No: 15
- Page Range: 113-122
- Page Count: 10
- Language: English
