In 2022, the European Union adopted two landmark regulations, the Digital Markets Act (DMA) and the Digital Services Act (DSA), which are key components of the European Digital Strategy. A new report by CERRE authored by Laura Edelson, Inge Graef, and Filippo Lancieri examines the 54 algorithmic transparency and data-sharing obligations present in the DMA and DSA, and proposes a seven-step test to help parties consider specific data-sharing requests and implement data access provisions. The report also examines transparency and data access obligations in the European Commission’s AI and Data Act proposals.

The report proposes specific categories and variables to rationalise transparency and data-sharing obligations, even in forthcoming legislation, to facilitate potential discussions around conflicts and harmonisations between different rules that overlap across digital markets.