The European Commission adopted a Decision on 30 June 2026 (C(2026) 4463 final) laying down internal rules for how it informs data subjects and may restrict their data-protection rights when processing personal data for investigations, enforcement and monitoring under the Digital Markets Act (Regulation (EU) 2022/1925). The rules affect legal representatives and staff of gatekeepers and interested third parties, witnesses, whistleblowers, and any natural person whose data appears in collected documents. The Commission may restrict rights such as access, rectification, and erasure if exercising them would jeopardise investigations, harm others' rights or freedoms, or undermine cooperation with Member State authorities.
The Decision covers identification data, contact details, case involvement and related data, and any other necessary information, including special categories under Article 10(1) of Regulation 2018/1725. The Commission must publish a data protection notice on its website and individually inform whistleblowers, witnesses, gatekeepers, and interested third parties. Restrictions are subject to a case-by-case necessity and proportionality assessment, reviewed every six months. Data Protection Coordinators must be consulted before applying restrictions, and the Data Protection Officer conducts independent review. Restrictions last only as long as the justifying reasons remain and are lifted when conditions no longer apply.
The rules aim to balance effective enforcement of the Digital Markets Act with data protection obligations under EU law. For gatekeepers, the restrictions may limit their ability to challenge data processing during investigations, while for whistleblowers and witnesses, the rules provide safeguards to protect their identity and safety. The Commission's Data Protection Officer and Coordinators will oversee compliance, ensuring that restrictions are not applied arbitrarily. The Decision enters into force on the date of its adoption and applies to all ongoing and future DMA investigations.