DMA

Subscribe to DMA

The German Federal Ministry for Digital and Transport (Bundesministerium für Digitales und Verkehr – BMDV) has drawn up a new draft bill which shall introduce:

  • (i) a statutory obligation for providers of number-independent interpersonal communication services (e.g. instant messaging services) to allow their users to use end-to-end encryption (“E2EE”), and (ii) a statutory transparency obligation for such providers to inform their users accordingly; and
  • a statutory transparency obligation for providers of certain cloud services to inform their users about how to use continuous and secure encryption (“Draft Bill”).

The Draft Bill (status 7 February 2024), which does not have any basis in EU law, is available here (German content).Continue Reading Germany’s government plans to introduce a statutory ‘right to encryption’ for users of messaging and cloud storage services

Digital Markets Act: Developments since its proposal  

Following the European Commission’s initial proposal of the Digital Markets Act (DMA) in December 2020, its adoption by the European Parliament in March 2022 and the entry into force on November 1, 2022, the DMA will finally apply from May 2, 2023. The DMA contains a list of obligations and prohibitions, subject to fines, that core platform services (CPS) provided by so-called gatekeepers must comply with in their daily operations. CPS should therefore be assessed at an early stage regarding whether or not they fall within the scope of regulation of the DMA.

As is set out in the following, the DMA poses significant business challenges for (potential)
gatekeepers, which should be addressed in a legally sound, comprehensive and systematic manner in order to prevent disruptions to the relevant businesses. Continue Reading Countdown to compliance: The DMA to apply to digital gatekeepers from May 2, 2023  

On 18 August, the Direct Marketing Association (‘DMA’) issued its new Privacy Code of Practice (‘Code’) to address customer concerns about data privacy. The Code is a result of an 18-month consultation with the Information Commissioner’s Office, the Department for Culture, Media & Sport and Ofcom.

The Code focuses on five key principles:

  • Put

…