

Season 5, Episode 26: What’s Happening with DMA Enforcement? (with Mikołaj Barczentewicz)
Jun 25, 2025
Mikołaj Barczentewicz, a law professor at the University of Surrey and an expert on EU tech regulation, dives deep into the European Commission's recent decision on Meta's 'Pay or Okay' model. He discusses how this decision reshapes Meta's advertising practices and the broader implications for digital privacy and consent. The conversation also touches on the evolving landscape of AI regulation in the EU, the challenges faced by gatekeepers like Meta, and the impact of the Digital Markets Act on competition and consumer choices.
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Episode notes
DMA's Separate Service Data Rules
- The European Commission treats Facebook, Instagram, and Meta Ads as separate regulated services under the DMA.
- This means cross-use of personal data between these services is illegal without user consent, complicating data practices.
Small DMA Fine Has Political Roots
- The EC fined Meta only 200 million euros for DMA noncompliance, far less than the potential 15 billion euros.
- This low fine likely reflects political calculation to avoid escalating US-EU tensions and focus on regulatory content.
Equivalence Means Free Alternatives
- The EC insists that if a free primary service exists, any equivalent alternative must also be free.
- Charging for ad-free access while keeping the standard personalized ad version free violates the DMA's requirement of equivalence.