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
Granting advertisers access to information
Granting publishers access to information
Ban on using business users’ data to compete
Granting access to performance measuring tools and data
Providing data portability
Granting business users access to data
Distribution, bundling and interoperability of digital services
Ban on parity clauses
Allowing business users to access end users
Allowing business user’s software applications
Ban on restricting third-party ancillary offerings
Ban on bundling subscriptions
Allowing end users to un-install software applications
Allowing installation of software applications and software application stores
Ban on restricting switching between software applications
Ensuring interoperability
Non-discriminatory treatment by digital services
Ban on self-preferencing
FRAND access to search data and certain digital services
Granting access to search engine data
Effective access to key core platform services
Interoperability for messaging services
Enabling interoperability of number-independent interpersonal communication services
Compliance and reporting
Ban on restricting access to authorities or courts
Ban on difficult conditions for termination
Compliance with the DMA
Reporting on intended mergers
Audited description of profiling
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.
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.
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.
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.