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 Digital Markets Act came into force in 2022 and became applicable in May 2023. While the DMA aims to curb gatekeeper power, the effectiveness of its consent mechanisms and whether it prevents gatekeepers from resuming tracking practices based on 'single consent' is an ongoing and evolving debate, with significant enforcement actions and compliance challenges still unfolding (e.g., Apple's App Tracking Transparency framework, Google's Privacy Sandbox, and ongoing regulatory scrutiny of consent mechanisms). The 'loophole' Kint mentions remains a point of contention and is still being addressed by regulators.

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