Summary statistics
Overlaps: 3 · Conflicts: 0 · Gaps: 2
5 article-level crossrefs catalogued between DMA and NIS2 Directive from the Fontvera EU regulatory corpus. Article numbers are verbatim from the underlying obligation_crossrefs table; descriptions are extracted, not paraphrased.
All crossrefs between these regulations
| Article (A) | Article (B) | Type | Severity | Description |
|---|---|---|---|---|
| DMA Art 1 | NIS2 Directive Art 13 | overlap | low | [entity affected: Commission and Member States] Both regulations require close cooperation and coordination between the Commission and Member State authorities to ensure effective enforcement and info |
| DMA Art 27 | NIS2 Directive Art 13 | overlap | low | [entity affected: National competent authorities] Both regulations mandate that national competent authorities transfer or exchange relevant information with the Commission or other authorities regard |
| DMA Art 21 | NIS2 Directive Art 20 | overlap | medium | [entity affected: Gatekeepers / Essential and Important Entities] Both regulations impose obligations on entities to provide necessary information and ensure management bodies oversee compliance, thou |
| DMA Art ? | NIS2 Directive Art ? | gap | high | [entity affected: Gatekeepers providing Core Platform Services] Gatekeepers are subject to DMA market fairness rules but may not be explicitly classified as 'essential' or 'important' entities under N |
| DMA Art ? | NIS2 Directive Art ? | gap | medium | [entity affected: Commission] Neither regulation explicitly defines the protocol for the Commission to share DMA-specific market investigation data with NIS2 CSIRTs for cybersecurity threat analysis, |
Overlaps explained
No conflict-type crossrefs were catalogued for this pair, but the 3 overlaps below mean a single control can be designed to satisfy both regulations at once. Plan the controls jointly to avoid duplicate effort:
- DMA Art 21 vs NIS2 Directive Art 20 (medium severity) — [entity affected: Gatekeepers / Essential and Important Entities] Both regulations impose obligations on entities to provide necessary information and ensure management bodies oversee compliance, though DMA focuses on data/algorithms for market fairness and NIS2 on cybersecurity risk management.
- DMA Art 1 vs NIS2 Directive Art 13 (low severity) — [entity affected: Commission and Member States] Both regulations require close cooperation and coordination between the Commission and Member State authorities to ensure effective enforcement and information exchange.
- DMA Art 27 vs NIS2 Directive Art 13 (low severity) — [entity affected: National competent authorities] Both regulations mandate that national competent authorities transfer or exchange relevant information with the Commission or other authorities regarding compliance issues or incidents.
Which regulation takes precedence
EU law does not lay down a universal precedence rule between DMA and NIS2 Directive. In practice three resolution approaches apply: lex specialis (the more specific provision wins when both purport to govern the same conduct); regulator guidance (EDPB, EBA, ESMA and the AI Office have all issued joint readings on overlapping articles — check the most recent applicable opinion); and document the choice (when the regulations leave the call to the controller, the audit defence is your written reasoning, not the regulator's silence). Where the corpus surfaces a conflict rather than an overlap, treat that as an escalation path to legal — not a control-design question.
What this means for your compliance team
Treat the 3 overlaps as design opportunities — one control, two regulatory anchors. Treat the 0 conflicts as escalation paths to legal: the regulations themselves don't resolve them, you do, and you document the reasoning. The 2 gaps point at scenarios where one regulation is silent while the other speaks — assume the regulator who has the explicit rule will win.
Related Fontvera pages
- dma obligations digital sector
- dma obligations electronic communications
- dma obligations online advertising
- dma vs dora comparison
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