keyboard_tab Digital Market Act 2022/1925 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 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
- obligations 14
- article 12
- core_platform_services 9
- delegated 7
- practices 6
- business_users 6
- gatekeeper 6
- acts 6
- obligation 6
- down 5
- services 5
- order 5
- shall 5
- contestability 5
- laid 5
- certain 5
- same 4
- limit 4
- the 4
- unfair 4
- identified 4
- extending 4
- accordance 4
- and 4
- relation 4
- between 3
- core_platform_service 3
- only 3
- addressed 3
- end_users 3
- which 3
- applies 3
- address 3
- date 3
- articles 3
- gatekeepers 3
- commission 3
- empowered 3
- adopt 3
- keep 3
- regulation 3
- provided 3
- based 3
- market 3
- investigation 3
- pursuant 3
- need 3
- digital_sector 2
- relationship 2
- conditions 2
Article 12
Updating obligations for gatekeepers
1. The Commission is empowered to adopt delegated acts in accordance with Article 49 to supplement this Regulation with regard to the obligations laid down in Articles 5 and 6. Those delegated acts shall be based on a market investigation pursuant to Article 19 that has identified the need to keep those obligations up to date in order to address practices that limit the contestability of core_platform_services or that are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
2. The scope of a delegated act adopted in accordance with paragraph 1 shall be limited to:
| (a) | extending an obligation that applies only in relation to certain core_platform_services, to other core_platform_services listed in Article 2, point (2); |
| (b) | extending an obligation that benefits certain business_users or end_users so that it benefits other business_users or end_users; |
| (c) | specifying the manner in which the obligations laid down in Articles 5 and 6 are to be performed by gatekeepers in order to ensure effective compliance with those obligations; |
| (d) | extending an obligation that applies only in relation to certain services provided together with, or in support of, core_platform_services to other services provided together with, or in support of, core_platform_services; |
| (e) | extending an obligation that applies only in relation to certain types of data to apply in relation to other types of data; |
| (f) | adding further conditions where an obligation imposes certain conditions on the behaviour of a gatekeeper; or |
| (g) | applying an obligation that governs the relationship between several core_platform_services of the gatekeeper to the relationship between a core_platform_service and other services of the gatekeeper. |
3. The Commission is empowered to adopt delegated acts in accordance with Article 49 to amend this Regulation with regard to the list of basic functionalities identified in Article 7(2), by adding or removing functionalities of number-independent_interpersonal_communications_services.
Those delegated acts shall be based on a market investigation pursuant to Article 19 that has identified the need to keep those obligations up to date in order to address practices that limit the contestability of core_platform_services or that are unfair in the same way as the practices addressed by the obligations laid down in Article 7.
4. The Commission is empowered to adopt delegated acts in accordance with Article 49 to supplement this Regulation in respect of the obligations in Article 7 by specifying the manner in which those obligations are to be performed in order to ensure effective compliance with those obligations. Those delegated acts shall be based on a market investigation pursuant to Article 19, which has identified the need to keep those obligations up to date in order to address practices that limit the contestability of core_platform_services or that are unfair in the same way as the practices addressed by the obligations laid down in Article 7.
5. A practice as referred to in paragraphs 1, 3 and 4 shall be considered to limit the contestability of core_platform_services or to be unfair where:
| (a) | that practice is engaged in by gatekeepers and is capable of impeding innovation and limiting choice for business_users and end_users because it:
|
| (b) | there is an imbalance between the rights and obligations of business_users and the gatekeeper obtains an advantage from business_users that is disproportionate to the service provided by that gatekeeper to those business_users. |
whereas