The GDPR is the EU's general data protection regulation that applies to the processing of personal data by controllers and processors in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. The GDPR sets out the principles, rights and obligations for the protection of personal data, as well as the enforcement and cooperation mechanisms among the data protection authorities and the European Data Protection Board.
The Digital Services Act (DSA), the Data Governance Act (DGA) and the Digital Markets Act (DMA) are part of the EU's digital strategy that aims to create a single market for data and digital services, by supporting responsible access, sharing and re-use of data, while respecting the values of the EU and in particular the protection of personal data. These legal acts do not change or replace the GDPR, but rather complement and reinforce it, by addressing specific issues and challenges related to the digital economy and society. The DSA, the DGA and the DMA explicitly state that they apply without prejudice to the GDPR and that they respect and uphold the fundamental rights and freedoms of individuals, including the right to the protection of personal data.
The DSA is a proposal for a regulation that seeks to harmonise the rules and responsibilities of online intermediaries, such as platforms, hosting services, cloud providers and online marketplaces, in order to ensure a safe and trustworthy online environment for users and businesses. The DSA introduces a set of obligations for online intermediaries, such as transparency, accountability, due diligence, cooperation and reporting, depending on their size, role and impact. The DSA also establishes a new governance and cooperation system among the national authorities and the European Commission, as well as a mechanism for out-of-court dispute resolution.
The DGA is a proposal for a regulation that aims to foster the availability of data for use by increasing trust in data intermediaries and by strengthening data-sharing mechanisms across the EU. The DGA introduces a new legal framework for data sharing services, such as data brokers, data marketplaces, data trusts and data cooperatives, that facilitate data exchange between data holders and data users. The DGA also sets out rules and requirements for data altruism, which is the voluntary consent of individuals or organisations to share data for the common good. The DGA also establishes a new governance model for data sharing in the EU, involving the European Data Innovation Board, the national competent authorities and the European Commission.
The DMA is a proposal for a regulation that intends to limit the power of large online platforms that act as gatekeepers in the digital market, by imposing a set of obligations and prohibitions to prevent unfair practices and ensure fair and open competition. The DMA defines the criteria and the procedure for identifying the gatekeepers, such as search engines, social networks, online marketplaces, app stores and cloud services, that have a significant impact and influence in the digital economy. The DMA also provides for the supervision and enforcement of the rules by the European Commission, as well as the possibility of imposing fines and sanctions for non-compliance.
Reference:
GDPR, Articles 1, 2, 3, 4, 5, 6, 7, 8, and 9.
DSA, Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
DGA, Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
DMA, Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.