DMA High-Level Group

What is the DMA High-Level Group?

Gatekeepers exercise structural power in ways that affect market openness, competition, consumer rights, data protection and privacy, to name only a few areas. The Digital Markets Act (DMA) is a key part of this landscape, and its implementation is, naturally, closely tied to other regulatory instruments in the EU digital landscape. 

Recognising the importance of a coherent and complementary approach across regulated sectors, the DMA establishes a High-Level Group (HLG), bringing together experts from several European bodies and networks. 

Building on article 40 DMA, the HLG was formally established by Commission decision on 23 March 2023. 

Mission

The High-Level Group may contribute to the consistent and effective application of the DMA in several ways, including by:

• providing advice and recommendations within the expertise of its members on:
  • general matters concerning the implementation and enforcement of the DMA;
  • the promotion of a consistent regulatory approach across different regulatory instruments.
• submitting an annual report to the Commission identifying and assessing potential interactions between the DMA and national sector-specific rules;
• providing advice and expertise during market investigations into new services and new practices concerning the need to amend, add, or remove rules in the DMA.

Sub-groups

The Commission has currently set up three sub-groups for the purpose of examining with technical experts certain specific areas of complementarity between the DMA and sectoral rules:

• The data-related obligations sub-group:
  • provides a forum to ensure coherence and effective complementarity in the implementation of the DMA obligations concerning the combination of personal data across gatekeepers’ services, data portability and the sharing of search engine data (under Articles 5(2), 6(9), 6(10) and 6(11) of the DMA) and of other sectoral regulations applicable to designated gatekeepers, including the requirements resulting from the General Data Protection Regulation (GDPR).
• The Artificial Intelligence (AI) sub-group:
  • provides a forum to ensure coherence and effective complementarity in the implementation of the obligations set out in the DMA and of other sectoral regulations applicable to designated gatekeepers with regard to AI.
• The Article 7 sub-group:
  • provides a forum to ensure coherence and effective complementarity in the implementation of the obligation under Article 7 of the DMA and of other sectoral regulations applicable to designated gatekeepers. Article 7 of the DMA imposes an obligation on gatekeepers providing number-independent interpersonal communication services to offer interoperability to other providers of these services that request it, allowing for cross-communication between messaging services.

Members

The High-Level Group brings together nominated representatives from:

• the Body of the European Regulators for Electronic Communications (BEREC);
• the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS);
• the European Competition Network (ECN);
• the Consumer Protection Cooperation Network (CPC Network) and
• the European Board for Media Services (EBMS). 

Due to the increasing importance to coordinate with other digital regulatory instruments, such as the Digital Services Act, the Artificial Intelligence Act and the Data Act, the HLG members are regularly inviting to their meetings also representatives of regulators in those areas.