According to Rauer and Seinen, disputes over the scope and interpretation of the DSA are likely to emerge in future.

“Due to the ambiguities within the DSA and the areas where the new regulation is not overly precise, we may expect disputes and litigation arising from the actual application of the regulation,” Rauer said. All provisions of the DSA will fully apply from 16 February 2024, with certain obligations kicking in at an earlier date.

“As always with new law, it will be for the courts to fill the existing gaps and to clarify the interpretation of the respective legal provisions,” Seinen added. “That is natural and the greater the impact on the business, the sooner courts get involved.”