Joint guidelines on the interplay between DMA and GDPR

Bitkom welcomes the joint initiative of the European Commission and the European Data Protection Board to provide guidance ensuring a coherent and consistent interpretation of the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR), particularly with regard to provisions of the DMA that involve the processing of personal data by gatekeepers or refer to GDPR concepts and definitions.

A compatible and complementary interpretation of both legal frameworks is essential to guarantee a harmonised application that achieves their respective objectives: promoting contestable digital markets and safeguarding fundamental data protection rights.
While the guidelines represent an important step towards consistent enforcement, certain provisions introduce practical and legal complexities.

Bitkom therefore seeks to contribute practical insights based on operational realities, with the aim of clarifying the interplay between the DMA and the GDPR and supporting legal certainty for gatekeepers, businesses and end users alike.