The Digital Markets Act (DMA) (Regulation (EU) 2022/1925) establishes a set of obligations aimed at ensuring fair and contestable digital markets and a high level of consumer protection. Among these, particular importance is given to the conditions under which gatekeepers may process and combine personal data across their services. Of particular relevance is Article 5(2) DMA, which requires gatekeepers to obtain freely given, specific, informed, and unambiguous consent from end users before combining or cross-using personal data. This is further supported by Article 13 DMA, which prohibits the use of behavioural techniques or interface design that actively undermines effective compliance. Gatekeepers are thus not permitted to present choices in a non-neutral manner or to subvert users' autonomy and free decision-making through the structure, design, function, or operation of their user interfaces. Together, these provisions aim to prevent interface design from steering users towards consent or other options that benefit gatekeepers.
However, the extent to which current consent interfaces comply with these DMA requirements remains unclear. Against this background, BEUC commissioned ConPolicy – Institute für Consumer Policy and VVA Market Research to empirically examine how far user interfaces implemented by designated gatekeepers influence users' decisions to accept or decline the use of their personal data.
The study is implemented in four steps:
- Work package 1: Development of the research design by a literature research and selection of relevant platforms and countries
- Work package 2: Implementation of a behavioral experiment and consumer survey to analyse user decisions
- Work package 3: Statistical analysis and regulatory assessment of the results
- Work package 4: Reporting of findings
