During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR). These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws.

The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services, such as search engines and platforms.

Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions.

While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR.