Digital Services and Digital markets Acts: what do they entail for digital marketing professionals?

The European Union confronts anti-competitive practices: the context of DMA and DSA reforms

In August 2024, the digital stratosphere was shaken up by the conviction of internet giant Google for taking part in anti-competitive practices regarding the automatic configuration of its search engine on certain devices. Although no penalty was imposed, Google did a major overhaul of its search engine and excluded the automatic imposition of Google Maps as an automatic geographic search engine. This decision highlights the growing legal and ethical issues associated with the practices of major digital platforms.

In response to these challenges, the European Union introduced two major laws in 2022: the Digital Markets Act (DMA) and the Digital Services Act (DSA).

First, it is essential to understand what the Digital Services Act (DSA) and the Digital Markets Act (DMA) are. These two regulations were introduced by the European Union in 2022 in order to regulate the practices of major digital platforms. These are aimed to introduce stricter rules to protect users and regulate digital markets.

This initiative responds to growing concerns about the practices of digital giants, such as the recent judgment against Google for its anti-competitive practices.

Understanding the Digital Markets Act and the Digital Services Act

The DMA and the DSA establish precise rules for digital services within the European Union. They impose significant obligations on online platforms such as social networks, marketplaces and search engines. The main purpose is to guarantee users’ security and protect their fundamental rights.

These laws particularly affect “very large online platforms” such as Google, Facebook, Amazon and TikTok, which will have to comply with the rules by 2025. In concrete terms, they require stricter moderation of illegal content, more transparent handling of complaints and disclosure of algorithmic practices. Major platforms will also need to report on the societal risks of their content, to avoid similar scandals like Cambridge Analytica in 2018.

Measuring the impact on marketing practices

These new regulations are in line with the principles established by the GDPR, imposing additional restrictions on the collection and use of third-party data. The Digital Markets Act (DMA), designed to limit the self-promotion of products and services by the digital giants, demonstrates the European Union’s desire to reduce their market power and rebalance competition.

A key aspect of the DMA is the requirement for messaging services, such as Facebook Messenger or WhatsApp, to make their platforms interoperable with those of their competitors. By facilitating this compatibility, regulation encourages healthier competition and thus provides users with greater freedom of choice.

Transparency is at the heart of these new requirements with a view to strengthening users trust. Marketers will need to be clearer about how personal data is used: why and how this information is collected, where it is stored and who will access it. Collection strategies will have to evolve, including the introduction of more explicit consent banners, while advertising will have to be less intrusive.

New visual conditions are also imposed, such as the requirement to focus the user’s attention on both consent options, not just highlighting the “Accept” button or the prohibition to make the refusal process so complex that the user abandons and clicks on an acceptance in spite of himself (one may question whether consent is “free” and “informed”).

These transformations aim to establish a more ethical and equitable digital market, where each actor will have to comply with the same data requirements. By focusing on creating relevant and useful content, marketers will not only be able to comply with these regulations, but also strengthen their credibility as reliable sources while building stronger relationships with their audience.

Measuring the impact for SEO specialists

SEO specialists also benefit from the new practices generated by this new environment.

When we talk about DMA, the notions of transparency and fairness come immediately to mind. This legislation could redefine in depth the mechanisms for ranking content on search engines, by reducing the importance given to services owned by large platforms.

For SEO specialists, this could offer new perspectives by creating more opportunities for smaller sites to achieve better positioning in search results.

Moreover, it is likely that these rules will lead to a revision of the indexing criteria, directly or indirectly influencing the algorithms of search engines. As a result, SEO experts will have to adjust their strategies to stay competitive and ensure optimal visibility on these platforms.

The recent update of Google’s algorithm, with its emphasis on helpful content, underlines the importance of this approach. Sites with truly useful and relevant content are now favored in search results. The DMA, by guaranteeing an equal opportunity on search engines, ensures that content is ranked according to its quality rather than according to the interests of major platforms.

To stay competitive, SEO pros will need to adapt their content to the user’s intent and improve not only the user experience but also the accessibility of their websites. This will not only comply with new legislation, but also improve search engine rankings.

Conclusion

The Digital Services Act and Digital Markets Act are profoundly transforming the digital landscape. For web professionals, it is crucial to adapt to these new rules by increasing transparency, prioritizing content quality and respecting data protection. These adjustments not only ensure compliance, but also pave the way for stronger and longer-lasting relationships with users, while promoting a more equitable digital marketplace.