The two regulations, Digital Services Act (DSA) and Digital Markets Act (DMA), aim to improve the protection of users’ fundamental rights, provide a clear and transparent digital environment for platforms’ activities and increase the level of competition. The new regulatory framework for digital intermediary service providers will frequently affect cross-border legal relationships that will require the application of private international law rules. In particular, the irrelevance of the place of establishment of providers (even outside the EU) in the unilateral delimitation of scope, references to ‘applicable national law’ and other cross-border issues related to jurisdictional instruments could create problems that deserve due consideration in the application of the DSA and DMA.
Digital Markets Act (DMA) e Digital Services Act (DSA) alla luce del diritto internazionale privato: aspetti problematici
Edoardo Alberto Rossi
2023
Abstract
The two regulations, Digital Services Act (DSA) and Digital Markets Act (DMA), aim to improve the protection of users’ fundamental rights, provide a clear and transparent digital environment for platforms’ activities and increase the level of competition. The new regulatory framework for digital intermediary service providers will frequently affect cross-border legal relationships that will require the application of private international law rules. In particular, the irrelevance of the place of establishment of providers (even outside the EU) in the unilateral delimitation of scope, references to ‘applicable national law’ and other cross-border issues related to jurisdictional instruments could create problems that deserve due consideration in the application of the DSA and DMA.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
