keyboard_tab Digital Market Act 2022/1925 EN
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- Article 1 Subject matter and scope
- Article 2 Definitions
- Article 3 Designation of gatekeepers
- Article 4 Review of the status of gatekeeper
- Article 5 Obligations for gatekeepers
- Article 6 Obligations for gatekeepers susceptible of being further specified under Article 8
- Article 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- Article 8 Compliance with obligations for gatekeepers
- Article 9 Suspension
- Article 10 Exemption for grounds of public health and public security
- Article 11 Reporting
- Article 12 Updating obligations for gatekeepers
- Article 13 Anti-circumvention
- Article 14 Obligation to inform about concentrations
- Article 15 Obligation of an audit
- Article 16 Opening of a market investigation
- Article 17 Market investigation for designating gatekeepers
- Article 18 Market investigation into systematic non-compliance
- Article 19 Market investigation into new services and new practices
- Article 20 Opening of proceedings
- Article 21 Requests for information
- Article 22 Power to carry out interviews and take statements
- Article 23 Powers to conduct inspections
- Article 24 Interim measures
- Article 25 Commitments
- Article 26 Monitoring of obligations and measures
- Article 27 Information by third parties
- Article 28 Compliance function
- Article 29 Non-compliance
- Article 30 Fines
- Article 31 Periodic penalty payments
- Article 32 Limitation periods for the imposition of penalties
- Article 33 Limitation periods for the enforcement of penalties
- Article 34 Right to be heard and access to the file
- Article 35 Annual reporting
- Article 36 Professional secrecy
- Article 37 Cooperation with national authorities
- Article 38 Cooperation and coordination with national competent authorities enforcing competition rules
- Article 39 Cooperation with national courts
- Article 40 The high-level group
- Article 41 Request for a market investigation
- Article 42 Representative actions
- Article 43 Reporting of breaches and protection of reporting persons
- Article 44 Publication of decisions
- Article 45 Review by the Court of Justice
- Article 46 Implementing provisions
- Article 47 Guidelines
- Article 48 Standardisation
- Article 49 Exercise of the delegation
- Article 50 Committee procedure
- Article 51 Amendment to Directive (EU) 2019/1937
- Article 52 Amendment to Directive (EU) 2020/1828
- Article 53 Review
- Article 54 Entry into force and application
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
CHAPTER II
GATEKEEPERS
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
CHAPTER IV
MARKET INVESTIGATION
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
CHAPTER VI
FINAL PROVISIONS
- gatekeeper
- core platform service
- information society service
- digital sector
- online intermediation services
- online search engine
- online social networking service
- video-sharing platform service
- number-independent interpersonal communications service
- operating system
- web browser
- virtual assistant
- cloud computing service
- software application stores
- software application
- payment service
- technical service supporting payment service
- payment system for in-app purchases
- identification service
- end user
- business user
- ranking
- search results
- data
- personal data
- non-personal data
- undertaking
- control
- interoperability
- turnover
- profiling
- consent
- national court
- General
- Active end users
- Active business users
- Submission of information
- Specific definitions
- means 35
- article 16
- defined 10
- service 8
- regulation 7
- point 7
- information 7
- eu / 7
- services 7
- including 7
- software 6
- content 5
- undertaking 5
- within 5
- core_platform_services 5
- which 5
- online_intermediation_services 5
- end_users 4
- through 4
- such 4
- advertising 4
- digital 4
- directive 4
- meaning 4
- enables 4
- connected 3
- data 3
- software_application 3
- irrespective 3
- type 3
- product 3
- legal 3
- data’ 3
- hardware 3
- virtual_assistants 3
- video-sharing_platform_services 3
- online_search_engines 3
- provided 3
- web_browsers 3
- online_social_networking_services 3
- providing 3
- definitions 2
- whether 2
- devices 2
- result 2
- acts 2
- facts 2
- purchases 2
- embedded 2
- personal 2
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) | ‘ gatekeeper’ means an undertaking providing core_platform_services, designated pursuant to Article 3; |
(2) | ‘ core_platform_service’ means any of the following:
|
(3) | ‘ information_society_service’ means any service as defined in Article 1(1), point (b), of Directive (EU) 2015/1535; |
(4) | ‘ digital_sector’ means the sector of products and services provided by means of, or through, information_society_services; |
(5) | ‘ online_intermediation_services’ means online_intermediation_services as defined in Article 2, point (2), of Regulation (EU) 2019/1150; |
(6) | ‘ online_search_engine’ means an online_search_engine as defined in Article 2, point (5), of Regulation (EU) 2019/1150; |
(7) | ‘ online_social_networking_service’ means a platform that enables end_users to connect and communicate with each other, share content and discover other users and content across multiple devices and, in particular, via chats, posts, videos and recommendations; |
(8) | ‘ video-sharing_platform_service’ means a video-sharing_platform_service as defined in Article 1(1), point (aa), of Directive 2010/13/EU; |
(9) | ‘ number-independent_interpersonal_communications_service’ means a number-independent_interpersonal_communications_service as defined in Article 2, point (7), of Directive (EU) 2018/1972; |
(10) | ‘ operating_system’ means a system software that controls the basic functions of the hardware or software and enables software_applications to run on it; |
(11) | ‘ web_browser’ means a software_application that enables end_users to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web_browsers as well as web_browsers integrated or embedded in software or similar; |
(12) | ‘ virtual_assistant’ means a software that can process demands, tasks or questions, including those based on audio, visual, written input, gestures or motions, and that, based on those demands, tasks or questions, provides access to other services or controls connected physical devices; |
(13) | ‘ cloud_computing_service’ means a cloud_computing_service as defined in Article 4, point (19), of Directive (EU) 2016/1148 of the European Parliament and of the Council (24); |
(14) | ‘ software_application_stores’ means a type of online_intermediation_services, which is focused on software_applications as the intermediated product or service; |
(15) | ‘ software_application’ means any digital product or service that runs on an operating_system; |
(16) | ‘ payment_service’ means a payment_service as defined in Article 4, point (3) of Directive (EU) 2015/2366; |
(17) | ‘technical service supporting payment_service’ means a service within the meaning of Article 3, point (j), of Directive (EU) 2015/2366; |
(18) | ‘ payment_system_for_in-app_purchases’ means a software_application, service or user interface which facilitates purchases of digital content or digital services within a software_application, including content, subscriptions, features or functionality, and the payments for such purchases; |
(19) | ‘ identification_service’ means a type of service provided together with or in support of core_platform_services that enables any type of verification of the identity of end_users or business_users, regardless of the technology used; |
(20) | ‘ end_user’ means any natural or legal person using core_platform_services other than as a business_user; |
(21) | ‘ business_user’ means any natural or legal person acting in a commercial or professional capacity using core_platform_services for the purpose of or in the course of providing goods or services to end_users; |
(22) | ‘ ranking’ means the relative prominence given to goods or services offered through online_intermediation_services, online_social_networking_services, video-sharing_platform_services or virtual_assistants, or the relevance given to search_results by online_search_engines, as presented, organised or communicated by the undertakings providing online_intermediation_services, online_social_networking_services, video-sharing_platform_services, virtual_assistants or online_search_engines, irrespective of the technological means used for such presentation, organisation or communication and irrespective of whether only one result is presented or communicated; |
(23) | ‘ search_results’ means any information in any format, including textual, graphic, vocal or other outputs, returned in response to, and related to, a search query, irrespective of whether the information returned is a paid or an unpaid result, a direct answer or any product, service or information offered in connection with the organic results, or displayed along with or partly or entirely embedded in them; |
(24) | ‘ data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording; |
(25) | ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679; |
(26) | ‘non-personal data’ means data other than personal data; |
(27) | ‘ undertaking’ means an entity engaged in an economic activity, regardless of its legal status and the way in which it is financed, including all linked enterprises or connected undertakings that form a group through the direct or indirect control of an enterprise or undertaking by another; |
(28) | ‘ control’ means the possibility of exercising decisive influence on an undertaking, within the meaning of Article 3(2) of Regulation (EC) No 139/2004; |
(29) | ‘ interoperability’ means the ability to exchange information and mutually use the information which has been exchanged through interfaces or other solutions, so that all elements of hardware or software work with other hardware and software and with users in all the ways in which they are intended to function; |
(30) | ‘ turnover’ means the amount derived by an undertaking within the meaning of Article 5(1) of Regulation (EC) No 139/2004; |
(31) | ‘ profiling’ means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679; |
(32) | ‘ consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679; |
(33) | ‘ national_court’ means a court or tribunal of a Member State within the meaning of Article 267 TFEU. |
CHAPTER II
GATEKEEPERS
whereas