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The European Data Protection Board Publishes Guidelines 3/2025 on the Interplay between the DSA and the GDPR

Data Protection Law

The European Data Protection Board (“EDPB”) has published the Guidelines 3/2025 on the Interplay between the DSA and the GDPR (“Guidelines”) on 11 September 2025.

According to the Guidelines, the main points can be summarised as follows:

  • The purpose of the Guidelines is to ensure the consistent application of certain provisions of the Digital Services Act (“DSA”) that involve the processing of personal data with the General Data Protection Regulation (“GDPR”).
  • In the context of combating illegal content (Article 7 DSA), the Guidelines clarify how the legal bases under Article 6(1)(c) or Article 6(1)(f) GDPR should be applied in relation to content detection, removal, or blocking of access.
  • In cases of misuse of the platform (for example, repeated uploading of illegal content or unfounded notifications), it is provided that accounts may be suspended for a reasonable period of time; however, such decisions must comply with the principles of the GDPR, in particular data minimisation, accuracy, transparency, and storage limitation.
  • With regard to the provisions on deceptive design patterns (Article 25 DSA), it is stated that designs aimed at influencing users through manipulative interfaces with respect to their personal data are unlawful under the GDPR.
  • While advertising transparency under the DSA is generally envisaged after the transaction, it is stipulated that, pursuant to Article 13 GDPR, transparency must be ensured at the moment personal data are obtained, and it is established that the two legislations are to be regarded as complementary.
  • In relation to recommender systems (Articles 27 and 38 DSA), it is clarified that the presentation of personalised content may be considered an automated decision under Article 22 GDPR, that non-profile-based alternatives must be offered to users on an equal basis, and that the default option must not be based on profiling.
  • Under the provisions on the protection of children (Article 28 DSA), it is stated that a legal basis pursuant to Article 6(1)(c) GDPR may be relied upon to ensure the safety of children on online platforms; however, excessive age verification or identification methods must be avoided.
  • It is stipulated that very large platforms and search engines are required to carry out systemic risk assessments (Articles 34–35 DSA), and that, in this context, a data protection impact assessment is mandatory in most cases under the GDPR.
    It is established that the codes of conduct developed under the DSA must be aligned with the provisions of the GDPR and that data protection authorities must be involved in the process.
  • With regard to cooperation between authorities, it is stated that Digital Services Coordinators, the European Commission and data protection authorities are required to work together, otherwise inconsistent practices and the risk of double sanctions may arise.
  • The Guidelines have been opened for public consultation, and stakeholders may submit their views by 31 October 2025 at the latest through the relevant form.

You can access the full text of the Guidelines here.

 

 

Kind regards,

Zumbul Attorneys-at-Law
info@zumbul.av.tr

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