Anticipated Challenges of the Digital Services Act and the Digital Markets Act in Law Enforcement

Abstract

The paper examines the likely enforcement challenges of the Digital Services Act and the Digital Markets Act from a consumer law perspective. Today, new digital technologies are widespread, part of retailing has moved online and new types of digital services have emerged. Consumer interaction with online platforms is intensifying, and enforcement is facing the consequences of this. The jurisprudence of the Court of Justice of the European Union is contributing to the development of this dynamically changing area of law, which will hopefully lead to increased consumer awareness in the twenty-first century. The paper presents the EU system of consumer (users) rights through the basic thesis that both the legislation and its interpretative judicial practice have moved towards a holistic approach to problem solving, a kind of complex approach, which has led to an increase in the level of legal protection. The legislative objectives, in new terminology, no longer simply aim at creating a single internal market but contribute to promoting a genuine digital consumer internal market with a balance between the high level of consumer protection and the achievements of digitalisation. This thesis can be justified at the level of the application of the law, mainly on the basis of case law.