Web development in the era of the Digital Markets Act (DMA): Adapting to changing privacy regulations

Data protection regulations and privacy laws are constantly evolving, and the Digital Markets Act (DMA) brings new considerations to this landscape. Introduced by the European Union, the Digital Markets Act aims to foster a competitive and fair digital market and protect user privacy.

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The regulation targets large online platforms, referred to as ‘gatekeepers’, due to their influential role in digital markets. The designated gatekeepers under the DMA are:

• Alphabet (Google, YouTube, Android)
• Amazon
• Apple (iOS, App Store)
• ByteDance (TikTok)
• Meta (Facebook, Instagram, WhatsApp)
• Microsoft (LinkedIn, Windows PC OS)

However, its ripple effects extend to all layers of web development, affecting how developers approach user data, interoperability, and user consent.

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We explore how the DMA impacts web development and how web developers can adapt practices for DMA compliance.

Key provisions of the Digital Markets Act impacting web developers

Integrating privacy laws requirements into website and app designs is a significant part of a web developer’s work, directly affecting the handling and protection of user data. The DMA law introduces critical changes for web developers that place greater emphasis on user rights and open competition.

1. User consent: Strong emphasis on obtaining explicit consent to collect personal data for any purpose, including serving personalized or targeted ads.
2. Data portability: Users must be able to easily move their data between different platforms, giving them more control over their data and making it simpler for them to switch between services without losing their information.
3. Interoperability between platforms: Requires gatekeepers’ to make sure their core platform services can work well with other smaller platforms and services, providing other platforms to make their products fit smoothly with the services of these big platforms.

Adapting web development practices for Digital Markets Act compliance

For transparency and consent in data collection and ad targeting

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Under privacy laws like the DMA, you must give users clear information about what data is taken, why it’s used, how long it’s kept for, and who might have access to it.

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Users must have the choice to say no to giving consent or to take back their consent if they change their mind. They also shouldn’t be tricked or misled about how their data is used.

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Ensuring transparency involves two key areas:

1. Implementing a consent banner that clearly communicates consent choices to users.
2. Making privacy policies easily accessible and legible.

Consent banners

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A transparent consent banner that gives users an actual choice whether or accept or reject consent must have:

• a clear structure, with visual cues such as contrasting colors to highlight consent options
• universally recognizable icons for quick understanding
• interface that is accessible to all users, including those with disabilities.

While providing users with transparent access poses challenges, the right tools and collaborations can help you tackle these complexities, enhance the user experience, and obtain legally valid consent.

Tools such as Usercentrics CMP for web and apps and Cookiebot cookie consent solution aid in handling user consent collection and signaling. These platforms:

• enable compliance with the opt-in consent model required by the Digital Markets Act and the General Data Protection Regulation (GDPR)
• enable users to change or withdraw their consent at any time, aligning with the DMA’s requirements
• record consent in compliance with various privacy laws
• are compatible with the Interactive Advertising Bureau’s Transparency and Consent Framework (TCF) v2.2 that helps advertisers comply with GDPR and ePrivacy Directive requirements and are Google-certified CMPs

Usercentrics

www.usercentrics.com