Analysis of the EDPB-EC joint guidelines on the interplay between the GDPR & DMA

Lecturer Alba Ribera Martínez assessed the joint draft guidance from the European Data Protection Board and the European Commission on the interaction between the General Data Protection Regulation (GDPR) and the Digital Markets Act (DMA). While acknowledging the guidance as a positive first step toward reconciling the two regulations, Martínez noted a significant oversight concerning the impact of artificial intelligence (AI) and AI-enabled features on interpreting the GDPR within the DMA framework.

The guidance reaffirms that "gatekeepers" remain fully subject to the GDPR, but also suggests the DMA acts as a lex specialis in certain areas, imposing stricter constraints on data processing and combining activities. Martínez concluded that acknowledging this element, despite potentially straining the relationship between the regulations, could ultimately aid in securing effective DMA enforcement and interpretation.

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