Digital Markets Act — Regulation (EU) 2022/1925

Overview

This Regulation aims to contribute to the proper functioning of the internal market by establishing harmonised rules to ensure contestable and fair markets in the digital sector where large online platforms, designated as 'gatekeepers', are present. (Art. 1)

This Regulation applies to 'gatekeepers' providing 'core platform services' to business users established in the EU or end users established or located in the EU. Core platform services include online intermediation services, search engines, social networking services, operating systems, and online advertising services, among others. (Art. 1 Art. 2 Art. 3)

Key points

• Undertakings meeting specific quantitative thresholds (e.g., over €7.5 billion annual EU turnover and over 45 million monthly active EU end users) are presumed to be gatekeepers and must notify the Commission. (Art. 3)
• Gatekeepers are prohibited from combining personal data from their core platform service with data from other services without explicit end-user consent. (Art. 5)
• Gatekeepers must not prevent business users from offering the same products or services on other platforms or their own sales channels at different prices or conditions. (Art. 5)
• Gatekeepers must not treat their own services and products more favourably in ranking than similar services or products of third parties. (Art. 6)
• Gatekeepers must allow end users to easily un-install pre-installed software applications and change default settings on their operating systems, virtual assistants, and web browsers. (Art. 6)
• Gatekeepers providing number-independent interpersonal communications services must make their basic functionalities interoperable with other providers upon request. (Art. 7)
• Gatekeepers must inform the Commission of any intended merger or acquisition involving other providers of core platform services or digital services. (Art. 14)

Structure

The Regulation first defines its subject matter, scope, and key terms. It then establishes the criteria and procedure for designating undertakings as 'gatekeepers'. The core of the act is a chapter detailing specific obligations and prohibitions for these gatekeepers, followed by provisions for market investigations to update these rules or address systematic non-compliance. Subsequent chapters grant the Commission extensive investigative, enforcement, and monitoring powers, including the ability to impose fines and periodic penalty payments. The final provisions cover procedural rules, reviews, and amendments to other EU laws.

Related instruments

• Regulation (EU) 2016/679 (32016R0679) — Referenced throughout, particularly concerning the processing of personal data and the requirement for end-user consent for certain data practices by gatekeepers.
• Regulation (EC) No 139/2004 — This Regulation is without prejudice to the EU Merger Regulation, and gatekeepers have an obligation to inform the Commission about concentrations, even if not notifiable under it.
• Directive (EU) 2019/1937 — Amended by this Regulation to ensure its protections for whistleblowers apply to the reporting of breaches of the Digital Markets Act.
• Directive (EU) 2020/1828 — Amended by this Regulation to allow for representative actions to be brought against gatekeepers for infringements that harm the collective interests of consumers.