On Wednesday 19 May, a second seminar in the Digital Legal Lab Seminar Series on the DSA & DMA was organized in the form of a panel discussion hosted during the TILTing Perspectives conference. Panelists were: Nataliia Bielova (Inria Sophia Antipolis), Catherine Batchelor (UK CMA), Anu Bradford (Columbia Law School) and Inge Graef (Tilburg University). The panel was moderated by Filippo Lancieri (University of Chicago Law School).
Each of the panelists provided introductory statements on the topic of how to design effective institutions for regulating digital platforms, followed by a discussion with the audience. Nataliia Bielova discussed her interdisciplinary research into online consent collection, covering questions such as how to design consent, how to make data protection enforcement scalable and possibilities to standardize consent. Catherine Batchelor commented on the current developments in the UK regarding the implementation of the new pro-competition regime to be overseen by the UK CMA’s Digital Markets Unit she is heading. She also referred to the joint statement published by the UK CMA and the ICO on the need for regulators to work together to find synergies and overcome perceived tensions between the policy objectives of competition and data protection in the digital economy. Inge Graef discussed the issue of regulatory fragmentation and how digital platforms are currently using the parallel existence of legal frameworks with different policy objectives strategically, for instance by relying on privacy protection as a justification for keeping their platforms or datasets closed. Anu Bradford added a more global perspective by comparing the different regulatory responses taken by legislators and regulators across jurisdictions and commented on the need for asymmetric regulation in certain areas, where stronger obligations are imposed on especially powerful firms. As such, the panel discussion brought up various thoughts and insights to be further explored by Digital Legal Studies researchers in the future.