The short version

Jason Kint predicted on December 2, 2021: “The [DMA] will be a positive step forward in reining in surveillance advertising as much as it integrates data policy and competition policy. But a significant hurdle will be avoiding a potentially destructive, if not fatal, loophole, which allows gatekeepers to resume their tracking practices based on a single consent.” Verdict: Still evolving.…

Prediction by

Jason Kint

On December 2, 2021

“The [DMA] will be a positive step forward in reining in surveillance advertising as much as it integrates data policy and competition policy. But a significant hurdle will be avoiding a potentially destructive, if not fatal, loophole, which allows gatekeepers to resume their tracking practices based on a single consent.”

Follow-up

The DMA's consent rules remain an evolving enforcement question. On April 23, 2025, the European Commission found Meta's binary 'consent or pay' model non-compliant because users lacked an equivalent service using less personal data, and fined Meta EUR200 million. This is relevant enforcement evidence, not proof that the consent loophole Kint described has been fully closed.

From the High Caliber AI network — see the AI for PR module in the course.