Provisions of the DSA and DMA Regulations Affecting Consumer Contractual Relations Concerning Digital Goods and Services

Abstract

According to the current strategy of the National Media and Infocommunications Authority (hereinafter NMHH) published in January 2023 under the title ‘Freedom and security in the digital world’, the NMHH, defines as one of its important aims the examination of domestic regulatory needs arising from the application or supplementing of the European Union regulations on digital services and digital markets. In March 2023 the Hungarian Competition Authority became member of the Digital Markets Act High-Level Group assisting the European Commission in enforcing the regulation. This study aims to provide professional support for the above-mentioned strategy of the National Media and Infocommunications Authority and the Competition Authority as well as other relevant decision makers by presenting in detail the outlined changes and practices related to the in the German legal system. The research is relevant because of the size of the German market and the numerous legal cases arising from it, as well as the fact that German society is traditionally sensitive to the relationship between data protection, the media and democracy, as well as sustainability, effective action against disinformation. Thus, we can expect a lot of impulses from Germany during the implementation of the EU regulations discussed in this study. As a result of that, Germany belongs into the group of few member states, which actively intervened Digital Services Act and Digital Markets Act in digital markets using competition law and customer protection related tools prior to the adoption of Digital Services Act and Digital Markets Act.