May 30, 2023

Limiting Legal Basis for Data Processing Under the DMA: Considerations on Scope and Practical Consequences

This paper takes an in-depth look at open questions regarding the seeming limitation by the DMA of legal bases available for certain processing of personal data and whether the DMA should consequently be considered as a lex specialis to the GDPR.

The paper examines ambiguities related to the scope of DMA in terms of personal data processing and lack of definitions of ‘data combination’ and ‘cross-use.’

Additionally, it provides a set of recommendations and a suggested way forward to interpret the DMA provisions as they relate to the GDPR legal basis provisions in a way that doesn’t contradict nor erode the spirit and the intent of both laws.

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Limiting Legal Basis for Data Processing Under the DMA: Considerations on Scope and Practical Consequences

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