Learn how the EU’s Digital Services Act (DSA), Data Governance Act (DGA), and Digital Markets Act (DMA) interact with the GDPR. An expert explanation for IAPP CIPP-E certification exam preparation.
Table of Contents
Question
How can the relationship between the GDPR and the Digital Services Act, the Data Governance Act and the Digital Markets Act most accurately be described?
A. The aforementioned legal acts do not refer to (i.e., do not mention) the GDPR.
B. The aforementioned legal acts apply without prejudice (i.e., in parallel) to the GDPR.
C. The aforementioned legal acts change specific provisions (i.e., certain articles) of the GDPR.
D. The aforementioned legal acts contain some sector-specific exemptions (i.e., only for certain businesses) from the GDPR.
Answer
The most accurate way to describe the relationship between the GDPR and the Digital Services Act (DSA), Data Governance Act (DGA), and Digital Markets Act (DMA) is:
B. The aforementioned legal acts apply without prejudice (i.e., in parallel) to the GDPR.
Explanation
The DSA, DGA, and DMA are separate EU legal frameworks that complement the GDPR but do not directly amend or replace its provisions. They address specific areas related to digital services, data governance, and digital markets, respectively.
- The Digital Services Act (DSA) regulates online intermediaries and platforms, focusing on illegal content, transparent advertising, and disinformation. It operates alongside the GDPR, which continues to govern personal data processing.
- The Data Governance Act (DGA) aims to foster data sharing and increase trust in data intermediaries. It sets up mechanisms for re-using public sector data and sharing data among businesses. The DGA applies in addition to the GDPR’s data protection rules.
- The Digital Markets Act (DMA) targets large online platforms acting as “gatekeepers,” promoting fair competition and preventing unfair practices. It imposes obligations on these platforms but does not alter the GDPR’s core principles.
In summary, the DSA, DGA, and DMA are separate legal instruments that apply in parallel to the GDPR without modifying its specific provisions. They complement the GDPR by addressing particular aspects of the digital environment while the GDPR remains the overarching data protection regulation in the EU.
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