As Europe grapples with the evolving landscape of technology and digital markets, a critical question looms: Should Artificial Intelligence (AI) be added to the European Union’s Digital Markets Act (DMA)? Megan Kirkwood, a fellow at Tech Policy Press, delves into this complex issue, exploring potential regulatory changes that could reshape the digital ecosystem. As stated in Tech Policy Press, the DMA has already impacted key players like Alphabet, Amazon, and Facebook. Now, the focus shifts to whether AI will join the ranks.
The Expanding Reach of the DMA
Since its implementation in March 2024, the DMA has defined core platform services that gatekeeper firms must comply with. These include search engines, social networks, and more, forming a total of 23 services. The Commission’s tentative steps toward including AI aim to address its burgeoning influence and the unique challenges it poses.
Integrating AI: A Matter of Compliance
On October 14, 2024, a significant stride was made with the launch of a tender to explore how emerging technologies, particularly generative AI, align with the DMA. Could a gatekeeper with AI integrated services fall under the existing framework, or does a new designation beckon? Kirkwood conveys a compelling discourse on this exploration’s ramifications.
A Call to Action: Commission’s Consultations
Come May 2026, a review of the DMA’s effectiveness will be conducted, probing whether the inclusion of AI best aligns with creating fair digital markets. A consultation focused on AI has already solicited insights into the barriers stunting competitive AI model development, highlighting areas such as computing capacity and foundational model access.
A Divided Opinion
The idea of bestowing AI with core platform service status finds advocates in European nations such as France and Germany. These voices underscore the heft of computing power in AI’s evolution and bring to light the vested interests and potential monopoly of major tech firms like Microsoft and Google.
The Crossroads: Cloud vs. AI
Kirkwood further dissects potential avenues for deploying fair regulations, contemplating whether the focus should pivot to cloud computing as a core service, given its crucial role in large-scale AI construction. Michelle Nie advocates for this path to mitigate tech power discrepancies and foster competition.
A Proverbial Sword: Pros and Cons of Designation
Alba Ribera Martínez offers a counterargument, suggesting enforcing existing DMA provisions rather than amending them for AI could suffice. She emphasizes the inherent challenges and risks in adding AI, which could lead to European markets losing tailored functionalities and models.
Concluding Thoughts
The decision to designate AI under the DMA carries implications stretching beyond compliance—it holds potential to redefine digital competitiveness in Europe. A nuanced understanding of whether to adopt, adapt, or overhaul current frameworks could profoundly impact the technology landscape for years to come.