Digital Markets Act (DMA) and Digital Services Act (DSA): New Rules for the EU Digital Environment

The Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (known as DMA – “Digital Market Act”) sets clear rules for large online platforms. It aims to ensure that no large online platform that is in a “gatekeeper” position - to many users - abuses that position to the detriment of businesses wishing to access those users. The most innovative elements are the introduction of the legal figure of the “gatekeeper” and the provision of specific duties imposed on the same. The Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (known as DSA - “Digital Services Act”) introduces a common set of rules on intermediaries’ obligations and accountability across the single market, aiming to ensure a high level of protection to all users. This paper aims to analyse the new provisions introduced by the Digital Service Package in the framework of market regulation policies.