HOTREC’s response to the consultation on the draft joint guidelines on the interplay between the DMA and GDPR

HOTREC welcomes the opportunity to provide feedback on draft joint guidelines by the European Data Protection Board (EDPB) and the European Commission concerning the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR).

HOTREC emphasizes the need to prevent gatekeepers from misusing GDPR principles, such as data minimization and purpose limitation, to restrict data access required under Article 6(10) DMA, which could undermine competition and fairness. Additionally, HOTREC also argues that gatekeepers should share accountability with business users for ensuring valid consent under GDPR, given their control over the design and operation of consent mechanisms.

The response calls for clearer guidance to maintain regulatory consistency, promote fair data practices, and uphold both GDPR’s data protection principles and DMA’s objectives of contestability and innovation.