On Thursday 9 October, the European Commission announced the opening of a public consultation to gather comments on its first draft guidelines on the interaction between the Digital Market Act (DMA) and the General Data Protection Regulation (GDPR), with the aim of simplifying coordination.
This first draft of guidelines has been drawn up in collaboration with the European Data Protection Board (EDPB), which published its own guidelines on the subject a month ago (see EUROPE 13709/14).
The published text does not aim to cover exhaustively all the interactions between the two regulations, but focuses on Articles 5(2) (on the prohibition on re-use of personal data without explicit consent), a large part of the paragraphs of Article 6 (relating to interoperability, the ban on self-referencing and the installation of third-party applications) and Article 7 (on the interoperability of messaging services).
Article 5(2) is at the heart of these guidelines: while the DMA requires gatekeepers to seek consent from users for sharing their data between different services, it does not define the precise terms of consent.
The text now makes it clear that this consent must be valid within the meaning of the GDPR, but above all that it must be requested separately for each distinct purpose of processing (i.e. one request for the personalisation of content and another for targeted advertising).
Consultation on the guidelines is open until 4 December.
See the guidelines: https://aeur.eu/f/iv0 (Original version in French by Isalia Stieffatre)