Minimizing Privacy Risks in Regulating Digital Platforms: Interoperability in the EU DMA

10 Pages Posted: 19 Aug 2022 Last revised: 27 Jan 2023

See all articles by Mikolaj Barczentewicz

Mikolaj Barczentewicz

University of Surrey; University of Oxford

Date Written: July 27, 2022

Abstract

I analyze some of the provisions included in the proposed EU Digital Markets Act (“DMA”). The DMA purports to benefit consumers and improve the competitiveness of digital markets. It is likely to have negative and unaddressed consequences, however, in terms of information privacy and security.

For brevity, I chose to focus on one regulatory solution: interoperability mandates in the DMA. I conclude that only one of those obligations — on the interoperability of messaging services — is accompanied by a potentially adequate safeguard: a requirement that any third-party service must offer at least the same level of user security as the original service. This is a very demanding standard, which may render the interoperability provision a dead letter for the foreseeable future, but which nonetheless offers welcome benefits from the consumer perspective. The remaining obligations that I analyze are accompanied either by no safeguards, or by insufficient safeguards.

Keywords: digital markets act, privacy

Suggested Citation

Barczentewicz, Mikolaj, Minimizing Privacy Risks in Regulating Digital Platforms: Interoperability in the EU DMA (July 27, 2022). CPI Antitrust Chronicle, July 2022, Law & Economics Center at George Mason University Scalia Law School Research Paper Series No. 22-023, Available at SSRN: https://ssrn.com/abstract=4190028

Mikolaj Barczentewicz (Contact Author)

University of Surrey ( email )

Guildford
Guildford, Surrey GU2 5XH
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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