Duties for designated gatekeepers
The DMA sets out a host of obligations for designated gatekeepers with the aim to enhance contestability and fairness in digital markets.
Data access and usage
Ban on combining personal data
- Ban on processing, combining, or cross using personal data from multiple sources, including the gatekeeper’s core platform services without appropriate justification, including end user consent
Granting advertisers access to information
- Requirement to grant advertisers information free of charge on a daily basis concerning price and fees paid, remuneration of publishers (subject to their consent), and related metrics for calculation
Granting publishers access to information
- Requirement to grant publishers information free of charge on daily basis concerning remuneration received and fees paid, price paid by advertisers (subject to their consent), and related metrics for calculation
Ban on using business users’ data to compete
- Ban on using the data of business users when gatekeepers compete with them on their core platform services
Granting access to performance measuring tools and data
- Requirement to provide advertisers and publishers free of charge with access to gatekeeper’s performance measuring tools and data necessary for advertisers and publishers to carry out their own verification of advertisements inventory
Providing data portability
- Requirement to provide end users free of charge with portability of data provided to or generated by use of the core platform services
Granting business users access to data
- Requirement to provide business users free of charge with access to data provided to or generated by use of the core platform service or related services by business users and their end users
Distribution, bundling and interoperability of digital services
Ban on parity clauses
- Ban on preventing business users from offering the same products or services to end users through third-party online intermediation services or through their own direct online sales channel at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper.
Allowing business users to access end users
- Requirement to allow business users, free of charge and regardless of offered conditions or selected distribution channel, to advertise towards and conclude contracts with end users via the core platform services or other channels.
Allowing business user’s software applications
- Requirement to allow end users to access and use via gatekeeper’s core platform services content, features, etc. using the software application of the business user.
Ban on restricting third-party ancillary offerings
- Ban on requiring business or end users to use gatekeeper’s ancillary offerings (e.g. web browser engine or payment service) when using gatekeeper’s core platform services.
Ban on bundling subscriptions
- Ban on requiring business or end users to subscribe to a gatekeeper’s core platform service in order to use another gatekeeper’s core platform service.
Allowing end users to un-install software applications
- Requirement to allow end users to easily un-install software applications on the operating system of the gatekeeper, unless the software application is essential and cannot be offered standalone by third parties as well as change default settings steering end users to gatekeeper’s services.
Allowing installation of software applications and software application stores
- Requirement to allow installation of third-party software applications and software application stores using gatekeeper’s operating system, accessing them by other means than the core platform services, as well as setting the third-party software applications and software application stores as default
Ban on restricting switching between software applications
- Ban on restricting end users from switching between different software applications accessed using the gatekeeper’s core platform service.
Ensuring interoperability
- Requirement to allow providers of services and hardware as well as business users free of charge interoperability with gatekeeper’s operating system and access to same features as gatekeeper’s services and hardware
Non-discriminatory treatment by digital services
Ban on self-preferencing
- Ban on treating more favourably in ranking and related indexing and crawling, services and products offered by the gatekeeper competing with third parties when providing core platform services without transparent, fair and non-discriminatory conditions.
FRAND access to search data and certain digital services
Granting access to search engine data
- Requirement to provide third-party operators of online search engines with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to search generated by end users on gatekeeper’s online search engines securing protection of personal data.
Effective access to key core platform services
- Requirement to provide business users with fair, transparent, and non-discriminatory access to gatekeeper’s software application stores, online search engines, and online social networking services based on published general conditions of access, including an alternative dispute resolution mechanism.
Interoperability for messaging services
Enabling interoperability of number-independent interpersonal communication services
- Requirement to make basic functionalities of gatekeeper’s number-independent interpersonal communication services compatible free of charge with similar third-party services by providing necessary technical interfaces or similar solutions.
Compliance and reporting
Ban on restricting access to authorities or courts
- Ban on preventing or restricting business or end users from raising gatekeeper’s non-compliance with laws with authorities or courts.
Ban on difficult conditions for termination
- Ban on disproportionate and difficult general conditions for terminating a core platform service.
Compliance with the DMA
- Requirement to ensure and demonstrate compliance with obligations under the DMA as well as submit a related report to the European Commission.
Reporting on intended mergers
- Informing the European Commission of any intended mergers where the parties or the target provide core platform services or services in the digital sector, or enable collection of data regardless of triggering any filing requirements.
Audited description of profiling
- Requirement to submit to the European Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services
More content on the DMA Hub
Digital Markets Act Hub
The EU’s Digital Markets Act creates multiple digital rights (and obligations). Who is or will be affected by this next frontier of digital platform regulation in Europe? You will find all you need to know on our one-stop-shop dedicated to the DMA.
Scope: Designation of a gatekeeper
The DMA’s criteria for designating “gatekeepers” stipulate which companies and “core platform services” must comply with the DMA’s obligations. There are, however, a number of key questions concerning the DMA’s jurisdiction. Read further to see the breakdown of the DMA’s key criteria for gatekeeper designation.
Enforcement: The European Commission
As with the EU’s competition rules, the DMA provides for private enforcement as well as public enforcement by the Commission. The Commission ensures that gatekeepers comply with their obligations under the DMA.
Enforcement: Third party roles
As with the EU’s competition rules, the DMA provides for private enforcement as well as public enforcement by the Commission. Third parties can pursue designated gatekeepers for failure to comply with the DMA’s rules and seek damages for such infringements.
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DMA Hub
DMA Hub
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Designation of a gatekeeper
Designation of a gatekeeper
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Enforcement by the European Commission
Enforcement by the European Commission
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Enforcement by private third parties
Enforcement by private third parties
