The digital single market and the harmonisation of e-commerce laws across the EU

Abstract

This dissertation explores the development and implementation of the Digital Single Market (DSM) in the European Union (EU), with a particular focus on the harmonisation of ecommerce laws. It examines both the legislative framework—such as the General Data Protection Regulation (GDPR), Digital Services Act (DSA), and Digital Markets Act (DMA) —and the institutional mechanisms established to ensure consistent application across the EU. While harmonisation is formally achieved through directly applicable regulations, the dissertation argues that meaningful uniformity also requires robust institutional capacity and consistent enforcement practices. The core research question examines the extent to which Member States have implemented and complied with DSM-related legal instruments, with particular emphasis on two smaller Member States: Malta and Cyprus. These states serve as case studies for evaluating the challenges of enforcement and institutional readiness under a common EU legal framework. The research also contrasts their experiences with those of larger Member States such as Germany, France, and the Netherlands, where regulatory maturity and administrative resources have supported more proactive enforcement. The dissertation adopts a qualitative, desk-based legal and policy analysis, drawing from EU official documents, academic literature, infringement reports, and national policy data. Key findings suggest that while Malta and Cyprus demonstrate formal legal compliance, they face significant capacity-based constraints in meeting the procedural and technical demands of DSM regulation. In contrast, larger states not only meet compliance deadlines but often act as norm-setters through early implementation and policy innovation. The study concludes that harmonisation in the DSM remains uneven in practice. Discrepancies in administrative capability, policy prioritisation, and regulatory enforcement continue to shape divergent national experiences—even under a uniform legal framework. As such, the DSM illustrates the EU’s broader challenge of ensuring that legal harmonisation translates into substantive regulatory convergence across a diverse Union.