Aiming for fairer and more contestable markets in the digital sector across the EU
The DMA entered into force on 1 November 2022 and became applicable on 2 May 2023. Companies providing core platform services and which meet the relevant quantitative thresholds will need to notify the Commission within two months of the thresholds being met.
On 6 September 2023 the Commission designated six gatekeepers, who then had six months to comply with the DMA’s provisions.
Each designated gatekeeper is obliged to comply with the provisions of the DMA with respect to its core platform services. These are services which form important gateways for business users to reach end users, such as certain online search engines, social networks, app stores, cloud services, and messenger services.
“Business users of these services should consider what new rights and opportunities emerge from the DMA.”
What are the main elements of DMA
Among other requirements, gatekeepers will be required to:
- allow third parties to inter-operate with their own services in specific situations;
- allow their business users to access the data generated using the gatekeeper’s platform;
- provide companies with the tools and information necessary for independent verification of advertisements hosted by the gatekeepers; and
- allow business users to market their offers and form contracts with customers outside the gatekeeper’s platform.
Gatekeepers will be prohibited from:
- treating their own services and products more favourably in rankings than those of third parties;
- preventing consumers from linking to businesses outside their platforms;
- preventing users from uninstalling pre-installed software or apps; and
- tracking end users outside of the core platform services to deliver targeted advertising without obtaining effective consent.
Actions to consider
The DMA, and its active enforcement by the Commission, may have a significant impact on these large digital platforms and their business practices. It's important that large companies providing core platform services continuously monitor the relevant thresholds. Designated gatekeepers need to conduct a thorough assessment of the new requirements against current policies, processes, and practices. Business users of these services should consider what new rights and opportunities emerge from the DMA.
