[{"pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en","id":2425502,"description":"Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said:   “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and bringing enhanced legal certainty to them.  The guidelines will help gatekeepers, business users and individuals to better understand their obligations and rights under the DMA, and ensure a consistent, effective and complementary application of the DMA and EU data protection law.” How the DMA and the GDPR interact The DMA and the GDPR both protect individuals in the digital landscape , but their goals are complementary as they address interconnected challenges: individual rights and privacy in case of the GDPR and fairness and contestability of digital markets under the DMA.    Several activities regulated by the DMA entail the processing of personal data by gatekeepers and, in several provisions, the DMA explicitly refers to definitions and concepts included in the GDPR. The joint guidelines clarify how gatekeepers can implement these DMA provisions in accordance with EU data protection law . For example, the EDPB and the Commission specify which elements gatekeepers should consider in order to comply with the requirements of specific choice and valid consent under Art. 5(2) DMA and the GDPR, and thus to lawfully combine or cross-use personal data in core platform services. The EDPB and the Commission also address other provisions including those related to the distribution of third party apps and stores, data portability, data access requests and interoperability of messaging services.   Next steps The Board and the Commission have just launched a joint public consultation on the first version of the guidelines which will be open until 4 December 2025 .  This will be an opportunity for stakeholders to comment and provide feedback. All submissions will be published on the DMA website to which a link will be included on the EDPB website, after the consultation period has closed. The final text, incorporating input received during the consultation, will be prepared jointly by the Board and the Commission, and will be adopted by the EDPB and European Commission.   More guidelines on the way Following these first joint guidelines with the Commission, further work is underway to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working with the Commission, specifically with the AI Office, on joint guidelines on the interplay between the AI Act and EU data protection laws. Note to editors: The Digital Markets Act is one of the first regulatory tools that aims to tackle unfair practices of gatekeepers in digital markets. Gatekeepers are large digital platforms providing core platform services, such as online search engines, app stores, and messenger services. The main objective of the DMA is to make the markets in the digital sector fairer and more contestable. ","source":"EDPB News"},{"pubDate":"Fri, 12 Sep 2025 15:51:31 +0200","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","id":2368407,"description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","source":"EDPB News"},{"pubDate":"Tue, 06 May 2025 15:51:59 +0200","url":"https://www.edpb.europa.eu/news/news/2025/european-patent-organisation-and-extension-adequacy-decisions-uk-edpb-adopts_en","titre":"European Patent Organisation and extension of adequacy decisions for the UK: EDPB adopts opinions","id":2099053,"description":"Brussels, 06 May - During its latest plenary, the European Data Protection Board (EDPB) adopted an opinion on the European Commission’s draft adequacy decision under the GDPR concerning the European Patent Organisation (EPO) . In addition, the Board adopted an opinion on the European Commission’s proposal to extend the validity of the UK adequacy decisions under the GDPR and the Law Enforcement Directive (LED) . Finally, the EDPB agreed to grant the status of observer to the Personal Data Protection Agency of Bosnia and Herzegovina.   Adequate protection of personal data by the EPO At the European Commission’s request, the Board adopted an opinion on the Commission’s draft adequacy decision regarding the European Patent Organisation (EPO). Once formally adopted by the Commission, this will be the first adequacy decision concerning an international organisation and not a country or a region. An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to determine whether a third country or an international organisation offers an adequate level of data protection. The effect of such a decision is that personal data can flow freely from Europe to that third country or international organisation. EDPB Chair, Anu Talus, said: “The EDPB welcomes the Commission’s initiative to work on the first adequacy decision concerning an international organisation. This decision shows how the legal framework of such organisations can be recognised as ensuring an adequate level of protection on the basis of Art.45 GDPR. The EDPB underlines the importance of ongoing dialogue between the Commission and international organisations, with a view to developing this category of adequacy decisions in addition to those relating to third countries.” In its opinion, the Board positively notes that the EPO data protection framework is largely aligned with the European Union data protection framework, including on data protection rights and principles. This shows that the GDPR and, in particular, its transfer provisions, can facilitate safe data flows from Europe to international organisations, while taking into account their status.   Six-month extension of the UK adequacy decisions The EDPB opinion, requested by the European Commission, addresses the proposed extension of the two UK adequacy decisions under the GDPR and the LED, which are set to expire on 27 June 2025. The opinion only concerns the proposed 6-month extension of these adequacy decisions and does not address the level of protection for personal data afforded in the UK, which will be examined by the EDPB following the Commission’s assessment, and if the renewal of the UK adequacy decisions is proposed. Since the UK‘s data protection reform is still pending in the UK parliament, the EDPB recognises the need for a technical and time-limited extension of the adequacy decisions until 27 December 2025.This will give the European Commission sufficient time to evaluate the updated UK legal framework once it has been adopted.   The EDPB stresses that this extension is exceptional and is due to the ongoing legislative developments in the UK. It should not, in principle, be further prolonged. The Board recalls the validity of its opinions 14/2021 and 15/2021 on the two UK adequacy decisions, adopted in April 2021, and invites the European Commission to take them into account in its future assessments.  The Board also recalls the Commission’s obligation to monitor all relevant developments in the UK during the extension period.   New observer to the EDPB’s activities Finally, EDPB members agreed to grant observer status to the EDPB’s activities to the Bosnia and Herzegovina Data Protection Authority, in line with Art. 8 EDPB Rules of Procedure .","source":"EDPB News"},{"description":"This work is aimed at initiating of discussion and developing a general theory of privacy law. The author suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least nine types of privacy legal relationships, interpret them, shows them as a correlated system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has a data controller and where they are formalized, why privacy notice is vital for lawful processing, what is the legal nature of consent and privacy notice, why consent collected “just in case” ruins the stability of legal relationships and also much","id":1796679,"source":"Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne","titre":"PRIVACY LEGAL RELATIONSHIPS","url":"https://sorbonnestudentlawreview.org/journal/article/view/226","pubDate":"Fri, 20 Dec 2024 10:07:51 +0100"}]