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DSA vs. DMA: How Europe’s twin digital regulations are hitting Big Tech
While both the DSA and DMA aim to achieve distinct things, they are best understood as a joint response to Big Tech's market power.
The Commission’s early priorities for DSA enforcement fall into a few broad areas: illegal content risks; election security; child protection; and marketplace safety, though its investigations opened to date cover a wider range of issues. So while the DSA aims to leverage the power of transparency to drive accountability on major platforms — such as by making it obligatory for VLOPs to publish an ad archive and provide data access to independent researchers so they can study the societal impacts of their algorithmic content-sorting — the DMA tries to have a more upfront effect by laying down rules on how gatekeepers can operate strategic services that are prone to becoming choke points under a winner-takes-all playbook. Since November 2023, the tech giant has forced EU users of Facebook and Instagram to agree to being tracked and profiled for ad targeting in order to get free access to its social networks; otherwise, they would have to pay a monthly subscription to use the services.
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