DSA and DMA: EU digital laws to be enforced more strongly

According to the Financial Times, the European Union plans to enforce the Digital Services Act (DSA) and the Digital Markets Act (DMA) more strictly in 2026. Large US tech companies such as Google, Microsoft, Meta, Apple, and X, in particular, will have to comply with the comprehensive EU legislation for digital services, platforms, and products – otherwise, further sanctions may be imposed. This, in turn, could lead to renewed conflicts with the US government under President Donald Trump.

Meanwhile, Brussels is counting on ensuring compliance with EU regulations and withstanding geopolitical pressure from the USA. The Financial Times reports this, citing political decision-makers and EU officials. Accordingly, they intend to continue the investigations against Meta and Google initiated in December. In these, the EU is examining whether Meta is preventing competing AI providers from accessing WhatsApp and whether Google is using online content for training AI models. However, the focus is on discreet work and less on sensational sanctions, individuals involved in the implementation of the digital legislation told the British newspaper.

Political Challenges in Sight

Also in December, the EU Commission imposed the first fine based on the DSA. The online service X, owned by US billionaire Elon Musk, was fined 120 million euros after Brussels accused the online service of a lack of transparency regarding advertising and user accounts. Subsequently, US government officials and Musk repeatedly made anti-European statements. On December 24, the US government then imposed entry bans on four European activists against online hate speech and former EU Commissioner for Internal Market Thierry Breton, who is considered a visionary of EU digital laws.

The DSA and DMA are part of a comprehensive legislative package on digital services in the European Union. The DSA, which came into force in November 2022, aims to protect EU consumers, in particular, from illegal content and misinformation. The DMA, also effective since November 2022, aims to promote fair competition within the EU and prevent monopolies. At the center of the law are so-called gatekeepers, i.e., online services that have a significant influence on the EU-wide digital internal market and can prevent competitors from accessing it due to their market power.

The EU Commission's change in strategy, shifting its focus from the drafting and adaptation of the DSA and DMA to their enforcement, could present the European Union with political challenges in the coming year. For instance, the Trump administration has already threatened to impose tariffs if the EU sticks to its digital legislation.

(dahe)