The role of privacy in Digital markets act (DMA) and Digital services act (DSA): from the abuse of dominant position in the digital market to the balance between platforms liability and fundamental rights

Venturi, Elena Sofia (A.A. 2023/2024) The role of privacy in Digital markets act (DMA) and Digital services act (DSA): from the abuse of dominant position in the digital market to the balance between platforms liability and fundamental rights. Tesi di Laurea in Innovation law and regulation, Luiss Guido Carli, relatore Fabiana Di Porto, pp. 125. [Single Cycle Master's Degree Thesis]

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Abstract/Index

Theoretical framework. Background and context of privacy in digital markets. The concept of privacy in the digital era. Overview of relevant legal frameworks: ePrivacy directive and GDPR. Introduction to the Digital markets act (DMA) and Digital services act (DSA). Significance and scope of application of the Digital markets act (DMA) and Digital services act (DSA). The Digital markets act (DMA). The economic impact of privacy in digital markets: is privacy a right or an economic good? Abuse of dominant position in digital markets. The German Facebook case. The interaction between competition law and privacy. The DMA as a complement to competition law. The efficiency of ex-ante approach. New obligations for gatekeeper platforms under art. 5 DMA. Implications from a critical point of view: is it possible for the DMA to ensure users’ privacy even when sharing data with other business users? The Digital services act (DSA). The balance between liability of platforms and fundamental rights. The influence of Digital service providers (DSPs). The EU E-commerce directive (ECD). The enforcement of stricter obligations on Very large online platforms (VLOPs) and Very large online search engines (VLOSEs). The use of algorithm tools to limit platforms’ liability. The efficiency of ex-post approach. Implications from a critical point of view: is it possible for the DSA to guarantee an online safe environment while respecting the users’ privacy? Future policy implications. Discussion on emerging trends and future developments in privacy regulation (EU AI act, privacy-enhancing computation techniques and the “pay or okay” approach”).

References

Bibliografia e sitografia: pp. 105-124.

Thesis Type: Single Cycle Master's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair: Innovation law and regulation
Thesis Supervisor: Di Porto, Fabiana
Thesis Co-Supervisor: Piselli, Riccardo
Academic Year: 2023/2024
Session: Summer
Deposited by: Alessandro Perfetti
Date Deposited: 10 Dec 2024 16:06
Last Modified: 10 Dec 2024 16:06
URI: https://tesi.luiss.it/id/eprint/40562

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