You have to pay close attention to three new laws on the digital universe that are making their way into the European Union. The Digital Markets Act (DMA), the Digital Services Act (DSA) –both are pending– and the Data Governance Act –already approved– are three main legs on which the new community framework for the defense of competition and the protection of user rights. Each one in its field aims to give a twist to the current community legislation. Although the European Union has always adopted a commendable attitude of firmness against the ‘big tech’ –with the lobbies against the wind– that has inspired other countries, such as the United States, and despite the progress made and the the hefty fines that make headlines from time to time, the feeling persists that the big companies continue to decide the rules of the game. Either you accept their rules or you stay out.
With regard to the law of digital markets, the most innovative is its way of dealing with the problem of monopolies. If, under current regulations, action is taken once an irregularity is detected, imposing the corresponding sanctions from the competition authorities, when the DMA comes into force preventive action will be taken (‘ex ante’) to prevent the damage from occurring. Thus, the rule applies a series of obligations which it qualifies as ‘gatekeepers’, the large platforms that act as ‘gatekeepers’ between companies and internet users. These guardians would be counted on the fingers of the hands: Apple, Google, Meta (Facebook) and few more. The objective is to allow other companies to act on equal terms. Of the more than 10,000 platforms operating online in the EU, more than 90% are SMEs.
The implementation of the WFD raises, however, some doubts. One of the most discussed points is the one that forces message ‘apps’ to interconnect: that a user sends a text from Messenger and the recipient receives it on Telegram, for example. It remains to be clarified how it will affect the encryption of messages and if it will mean a loss of security.
In the absence of its final route (it is expected to be approved in July and enter into force at the beginning of 2023), the spirit of the digital markets law is good, due to its objective of fight monopolies. A market where only a few decide what and how a product or service can be consumed not only weakens the economy, but is also a threat to rights and freedoms and, ultimately, to democracy. Especially when we talk about content. In this matter, the EU will also arm itself with the laws on digital services and data governance, which will control the harmful content that circulates on the Internet, the information that is extracted from users and the use that is made of this. A very sensitive issue with ethical connotations, which with the growing use of artificial intelligence and algorithms is gaining greater prominence. Data can provide valuable and useful information in multiple fields (from scientific progress to urban planning or security), so rather than veto its use, it is about promoting a responsible use by both private companies and public institutions. A regulation that defines the red lines is, today, essential.