Comment by Mikołaj Barczentewicz

Before the DMA’s enactment, I raised serious concerns about how its rules would affect user privacy and security, as I argued that mandated interoperability is a key concern that poses significant risks for users. I also noted that mandating an option of app “sideloading” entails taking away from users the choice of the enhanced security features offered by the “walled garden” model. Indeed, privacy and security concerns were largely sidelined in the DMA’s legislative process. Instead of genuinely considering the very real tradeoffs, legislators resorted to a “pass the buck” strategy. The DMA’s text offers a few grudging and vague permissions (not even obligations) for gatekeepers to do only what is “strictly necessary” for some (not all) aspects of service privacy and security. It is hard to avoid the impression that the legislators hoped that, when something does ultimately go wrong, the blame will fall on the gatekeepers, and not on poorly thought-through legislation.