European Union: Closed consultation on template for designated gatekeepers relating to the reporting on consumer profiling techniques

On 15 September 2023, the European Commission closed its consultation on the template for the description of consumer profiling techniques and audit of these descriptions that designated gatekeepers will have to submit annually under Article 15 of the Digital Markets Act (DMA). The consultation aims to address concerns about gatekeepers accumulating extensive user data. Transparency is sought to prevent consumer profiling from becoming the industry norm and to promote fair competition. In particular, the Commission seeks comments on the minimum information that gatekeepers should report with the aim of enhancing transparency and accountability regarding profiling. Among others, gatekeepers should specify the purpose pursued by the profiling technique, a description of each category of personal data and data derived from user activity that is processed for profiling consumers, a detailed description of the inferred data about consumers, data retention period, a description of the safeguards in place to avoid the presentation of advertisements on the gatekeeper’s interface based on profiling of minors or children, whether automated decision-making takes place on the basis of an applied profiling technique, actions taken to enable consumers to be aware that they are undergoing profiling, and steps taken to seek consumer consent to profiling.