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Gatekeepers under EU Scrutiny: Curtailing the Freedom to Conduct a Business in Digitalisation?

Engel, Annegret LU (2026) p.157-174
Abstract
The EU’s recent regulatory approach in the digital sphere promises to introduce greater consideration for fundamental rights. However, this does not apply to all fundamental rights and their holders equally. With particular focus on the freedom to conduct a business, this article will be exploring the restrictions imposed on certain undertakings—so-called gatekeepers—operating in the Digital Single Market. For this, evidence will mainly be drawn from the Digital Markets Act (DMA), imposing certain obligations on gatekeepers, as well as the adjacent Digital Services Act (DSA). The article will further provide an evaluation of the proportionality review employed by the courts in digitalisation and whether this is suitable in achieving the... (More)
The EU’s recent regulatory approach in the digital sphere promises to introduce greater consideration for fundamental rights. However, this does not apply to all fundamental rights and their holders equally. With particular focus on the freedom to conduct a business, this article will be exploring the restrictions imposed on certain undertakings—so-called gatekeepers—operating in the Digital Single Market. For this, evidence will mainly be drawn from the Digital Markets Act (DMA), imposing certain obligations on gatekeepers, as well as the adjacent Digital Services Act (DSA). The article will further provide an evaluation of the proportionality review employed by the courts in digitalisation and whether this is suitable in achieving the right balance. A final section will comment on the externalisation of EU laws and values by means of the obligations imposed on gatekeepers under the DMA and DSA regulations. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU law, EU-rätt
host publication
Decoding the Rights of Companies in the Technocene
editor
Gill-Pedro, Eduardo and Salminen, Jaakko
pages
157 - 174
publisher
Routledge
ISBN
9781041320814
language
English
LU publication?
yes
id
73a8349e-c204-43ee-b9fb-b1015ce357e3
date added to LUP
2026-06-25 13:26:40
date last changed
2026-06-25 14:24:18
@inbook{73a8349e-c204-43ee-b9fb-b1015ce357e3,
  abstract     = {{The EU’s recent regulatory approach in the digital sphere promises to introduce greater consideration for fundamental rights. However, this does not apply to all fundamental rights and their holders equally. With particular focus on the freedom to conduct a business, this article will be exploring the restrictions imposed on certain undertakings—so-called gatekeepers—operating in the Digital Single Market. For this, evidence will mainly be drawn from the Digital Markets Act (DMA), imposing certain obligations on gatekeepers, as well as the adjacent Digital Services Act (DSA). The article will further provide an evaluation of the proportionality review employed by the courts in digitalisation and whether this is suitable in achieving the right balance. A final section will comment on the externalisation of EU laws and values by means of the obligations imposed on gatekeepers under the DMA and DSA regulations.}},
  author       = {{Engel, Annegret}},
  booktitle    = {{Decoding the Rights of Companies in the Technocene}},
  editor       = {{Gill-Pedro, Eduardo and Salminen, Jaakko}},
  isbn         = {{9781041320814}},
  keywords     = {{EU law; EU-rätt}},
  language     = {{eng}},
  pages        = {{157--174}},
  publisher    = {{Routledge}},
  title        = {{Gatekeepers under EU Scrutiny: Curtailing the Freedom to Conduct a Business in Digitalisation?}},
  year         = {{2026}},
}