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#Tech, Media, Telecom

Access to Data and Algorithms: For an Effective DMA and DSA Implementation

  • March 16, 2023
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Read the report here!

In 2022, EU policy makers adopted landmark pieces of legislation, notably the Digital Markets Act (‘DMA’) and the Digital Services Act (‘DSA’). These regulations are key pillars of the European Digital Strategy, under which other proposals, such as the Data Act and AI Act, are currently being negotiated in the European institutions.

This new CERRE report, authored by Laura Edelson (New York University),  Inge Graef (Tilburg University), and Filippo Lancieri (ETH Zurich) takes stock of the 54 algorithmic transparency and data sharing obligations that are present in the DMA and DSA, develops a seven-step test which can help all parties consider specific data-sharing requests and implement data access provisions, and identifies what principles should guide the balancing of potential conflicts between data access and privacy, IP rights, and rule of law, among others.

This framework is illustrated through three case studies: access to online advertisement databases (Article 39 of the DSA), access to data for vetted researchers (Article 40(4) of the DSA), and sharing of click and query data between search engines (Article 6(11) of the DMA).

In addition to the above algorithmic transparency and data-sharing obligations in the DMA and DSA, this report also looks at obligations relating to transparency and data access in the European Commission’s AI and Data Act proposals which are currently being negotiated.

Faced with complex legislation, this report proposes specific categories and variables which help to rationalise transparency and data-sharing obligations, even in forthcoming legislation, and which help to facilitate potential discussions around conflicts and harmonisations between different rules which overlap across digital markets.

For previous CERRE research reports on the DMA and the DSA, please see the Effective and Proportionate Implementation of the DMA (January 2023) and Overlaps – Services and Harms in Scope: A Comparison Between Recent Initiatives Targeting Digital Services reports on our website.

A tracker containing all the algorithmic and data access obligations and recitals from the DMA, DSA, Data Act and AI Act can be found here.

Author(s)
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Laura Edelson
Laura Edelson
Postdoctoral Researcher with Cybersecurity for Democracy
NYU Tandon School of Engineering

Laura Edelson is a Postdoctoral Researcher with Cybersecurity for Democracy at NYU’s Tandon School of Engineering. Laura studies online political communication and develops methods to identify inauthentic content and activity. Her research has powered reporting on social media ad spending in the New York Times, the Wall Street Journal and the Atlantic. Prior to her current time in academia, Laura was a software engineer for Palantir and Factset. During her time in industry, her work focused on applied machine learning and big data.

Laura Edelson is a Postdoctoral Researcher with Cybersecurity for Democracy at NYU’s Tandon School of Engineering. Laura studies online political communication and develops methods to identify inauthentic content and activity. Her research has powered reporting on social media ad spending in the New York Times, the Wall Street Journal and the Atlantic. Prior to her current time in academia, Laura was a software engineer for Palantir and Factset. During her time in industry, her work focused on applied machine learning and big data.

Inge Graef portrait picture
Inge Graef
Associate Professor
Tilburg University

Inge Graef is an Associate Professor at Tilburg University. She is affiliated to the Tilburg Institute for Law, Technology, and Society (TILT) and the Tilburg Law and Economics Center (TILEC). Inge holds expertise in the areas of competition law, platform regulation and the governance of data-driven innovation. She is also appointed as a member of the European Commission’s expert group to the EU Observatory on the Online Platform Economy.

 

Inge Graef is an Associate Professor at Tilburg University. She is affiliated to the Tilburg Institute for Law, Technology, and Society (TILT) and the Tilburg Law and Economics Center (TILEC). Inge holds expertise in the areas of competition law, platform regulation and the governance of data-driven innovation. She is also appointed as a member of the European Commission’s expert group to the EU Observatory on the Online Platform Economy.

 

Filippo Lancieri
Filippo Lancieri
Postdoctoral Researcher
ETH Zurich Center for Law & Economics

Filippo Lancieri is a Postdoctoral Researcher at the ETH Zurich Center for Law & Economics and a Research Fellow at the Stigler Center at the University of Chicago Booth School of Business. Filippo’s work focuses on the challenges associated with the development of a cohesive regulatory framework for the digital economy. His focus is mostly on understanding the law in action: how different policies and enforcement actions can change behavior on the ground.

 

Filippo Lancieri is a Postdoctoral Researcher at the ETH Zurich Center for Law & Economics and a Research Fellow at the Stigler Center at the University of Chicago Booth School of Business. Filippo’s work focuses on the challenges associated with the development of a cohesive regulatory framework for the digital economy. His focus is mostly on understanding the law in action: how different policies and enforcement actions can change behavior on the ground.

 

More publications

on #Tech, Media, Telecom

DMA Output Indicators
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Elements for Effective Systemic Risk Assessment under the DSA
14 July 2023

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Meaningful XAI Based on User-Centric Design Methodology
7 July 2023

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Defining Virtual Worlds: Main Features and Regulatory Challenges
3 July 2023

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The European Standardisation System at a Crossroads
2 May 2023

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Data Act: Towards a Balanced EU Data Regulation
28 March 2023

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Effective and Proportionate Implementation of the DMA
11 January 2023

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Digital Industrial Policy for Europe
13 December 2022

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Overlaps – Services and Harms in Scope: A Comparison Between Recent Initiatives Targeting Digital Services
22 November 2022

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Global Governance for the Digital Ecosystems
11 November 2022

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