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
- 1 Article 2 Definitions
- 5 Article 6 Obligations for gatekeepers susceptible of being further specified under Article 8
- 9 Article 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- 1 Article 46 Implementing provisions
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 71
- gatekeeper 58
- article 52
- shall 43
- services 32
- end_users 31
- provided 31
- data 29
- such 25
- including 25
- the 22
- core_platform_services 21
- defined 20
- pursuant 19
- service 17
- within 16
- content 16
- software 15
- eu / 15
- interoperability 15
- regulation 15
- access 15
- number-independent_interpersonal_communications_services 14
- point 14
- information 14
- which 14
- request 12
- operating_system 12
- hardware 12
- software_applications 12
- business_users 12
- through 11
- relevant 11
- necessary 11
- undertaking 11
- end-to-end 10
- software_application 10
- online_intermediation_services 10
- personal 10
- providing 10
- form 10
- free 9
- enables 9
- online_search_engines 9
- from 9
- measures 9
- than 9
- between 9
- listed 8
- advertising 8
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
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
Article 6
Obligations for gatekeepers susceptible of being further specified under Article 8
1. The Gatekeeper shall comply with all obligations set out in this Article with respect to each of its core_platform_services listed in the designation decision pursuant to Article 3(9).
2. The gatekeeper shall not use, in competition with business_users, any data that is not publicly available that is generated or provided by those business_users in the context of their use of the relevant core_platform_services or of the services provided together with, or in support of, the relevant core_platform_services, including data generated or provided by the customers of those business_users.
For the purposes of the first subparagraph, the data that is not publicly available shall include any aggregated and non-aggregated data generated by business_users that can be inferred from, or collected through, the commercial activities of business_users or their customers, including click, search, view and voice data, on the relevant core_platform_services or on services provided together with, or in support of, the relevant core_platform_services of the gatekeeper.
3. The gatekeeper shall allow and technically enable end_users to easily un-install any software_applications on the operating_system of the gatekeeper, without prejudice to the possibility for that gatekeeper to restrict such un-installation in relation to software_applications that are essential for the functioning of the operating_system or of the device and which cannot technically be offered on a standalone basis by third parties.
The gatekeeper shall allow and technically enable end_users to easily change default settings on the operating_system, virtual_assistant and web_browser of the gatekeeper that direct or steer end_users to products or services provided by the gatekeeper. That includes prompting end_users, at the moment of the end_users’ first use of an online_search_engine, virtual_assistant or web_browser of the gatekeeper listed in the designation decision pursuant to Article 3(9), to choose, from a list of the main available service providers, the online_search_engine, virtual_assistant or web_browser to which the operating_system of the gatekeeper directs or steers users by default, and the online_search_engine to which the virtual_assistant and the web_browser of the gatekeeper directs or steers users by default.
4. The gatekeeper shall allow and technically enable the installation and effective use of third-party software_applications or software_application_stores using, or interoperating with, its operating_system and allow those software_applications or software_application_stores to be accessed by means other than the relevant core_platform_services of that gatekeeper. The gatekeeper shall, where applicable, not prevent the downloaded third-party software_applications or software_application_stores from prompting end_users to decide whether they want to set that downloaded software_application or software_application store as their default. The gatekeeper shall technically enable end_users who decide to set that downloaded software_application or software_application store as their default to carry out that change easily.
The gatekeeper shall not be prevented from taking, to the extent that they are strictly necessary and proportionate, measures to ensure that third-party software_applications or software_application_stores do not endanger the integrity of the hardware or operating_system provided by the gatekeeper, provided that such measures are duly justified by the gatekeeper.
Furthermore, the gatekeeper shall not be prevented from applying, to the extent that they are strictly necessary and proportionate, measures and settings other than default settings, enabling end_users to effectively protect security in relation to third-party software_applications or software_application_stores, provided that such measures and settings other than default settings are duly justified by the gatekeeper.
5. The gatekeeper shall not treat more favourably, in ranking and related indexing and crawling, services and products offered by the gatekeeper itself than similar services or products of a third party. The gatekeeper shall apply transparent, fair and non-discriminatory conditions to such ranking.
6. The gatekeeper shall not restrict technically or otherwise the ability of end_users to switch between, and subscribe to, different software_applications and services that are accessed using the core_platform_services of the gatekeeper, including as regards the choice of Internet access services for end_users.
7. The gatekeeper shall allow providers of services and providers of hardware, free of charge, effective interoperability with, and access for the purposes of interoperability to, the same hardware and software features accessed or controlled via the operating_system or virtual_assistant listed in the designation decision pursuant to Article 3(9) as are available to services or hardware provided by the gatekeeper. Furthermore, the gatekeeper shall allow business_users and alternative providers of services provided together with, or in support of, core_platform_services, free of charge, effective interoperability with, and access for the purposes of interoperability to, the same operating_system, hardware or software features, regardless of whether those features are part of the operating_system, as are available to, or used by, that gatekeeper when providing such services.
The gatekeeper shall not be prevented from taking strictly necessary and proportionate measures to ensure that interoperability does not compromise the integrity of the operating_system, virtual_assistant, hardware or software features provided by the gatekeeper, provided that such measures are duly justified by the gatekeeper.
8. The gatekeeper shall provide advertisers and publishers, as well as third parties authorised by advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the data necessary for advertisers and publishers to carry out their own independent verification of the advertisements inventory, including aggregated and non-aggregated data. Such data shall be provided in a manner that enables advertisers and publishers to run their own verification and measurement tools to assess the performance of the core_platform_services provided for by the gatekeepers.
9. The gatekeeper shall provide end_users and third parties authorised by an end_user, at their request and free of charge, with effective portability of data provided by the end_user or generated through the activity of the end_user in the context of the use of the relevant core_platform_service, including by providing, free of charge, tools to facilitate the effective exercise of such data portability, and including by the provision of continuous and real-time access to such data.
10. The gatekeeper shall provide business_users and third parties authorised by a business_user, at their request, free of charge, with effective, high-quality, continuous and real-time access to, and use of, aggregated and non-aggregated data, including personal data, that is provided for or generated in the context of the use of the relevant core_platform_services or services provided together with, or in support of, the relevant core_platform_services by those business_users and the end_users engaging with the products or services provided by those business_users. With regard to personal data, the gatekeeper shall provide for such access to, and use of, personal data only where the data are directly connected with the use effectuated by the end_users in respect of the products or services offered by the relevant business_user through the relevant core_platform_service, and when the end_users opt in to such sharing by giving their consent.
11. The gatekeeper shall provide to any third-party undertaking providing online_search_engines, at its request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end_users on its online_search_engines. Any such query, click and view data that constitutes personal data shall be anonymised.
12. The gatekeeper shall apply fair, reasonable, and non-discriminatory general conditions of access for business_users to its software_application_stores, online_search_engines and online_social_networking_services listed in the designation decision pursuant to Article 3(9).
For that purpose, the gatekeeper shall publish general conditions of access, including an alternative dispute settlement mechanism.
The Commission shall assess whether the published general conditions of access comply with this paragraph.
13. The gatekeeper shall not have general conditions for terminating the provision of a core_platform_service that are disproportionate. The gatekeeper shall ensure that the conditions of termination can be exercised without undue difficulty.
Article 7
Obligation for gatekeepers on interoperability of number-independent_interpersonal_communications_services
1. Where a gatekeeper provides number-independent_interpersonal_communications_services that are listed in the designation decision pursuant to Article 3(9), it shall make the basic functionalities of its number-independent_interpersonal_communications_services interoperable with the number-independent_interpersonal_communications_services of another provider offering or intending to offer such services in the Union, by providing the necessary technical interfaces or similar solutions that facilitate interoperability, upon request, and free of charge.
2. The gatekeeper shall make at least the following basic functionalities referred to in paragraph 1 interoperable where the gatekeeper itself provides those functionalities to its own end_users:
| (a) | following the listing in the designation decision pursuant to Article 3(9):
|
| (b) | within 2 years from the designation:
|
| (c) | within 4 years from the designation:
|
3. The level of security, including the end-to-end encryption, where applicable, that the gatekeeper provides to its own end_users shall be preserved across the interoperable services.
4. The gatekeeper shall publish a reference offer laying down the technical details and general terms and conditions of interoperability with its number-independent_interpersonal_communications_services, including the necessary details on the level of security and end-to-end encryption. The gatekeeper shall publish that reference offer within the period laid down in Article 3(10) and update it where necessary.
5. Following the publication of the reference offer pursuant to paragraph 4, any provider of number-independent_interpersonal_communications_services offering or intending to offer such services in the Union may request interoperability with the number-independent_interpersonal_communications_services provided by the gatekeeper. Such a request may cover some or all of the basic functionalities listed in paragraph 2. The gatekeeper shall comply with any reasonable request for interoperability within 3 months after receiving that request by rendering the requested basic functionalities operational.
6. The Commission may, exceptionally, upon a reasoned request by the gatekeeper, extend the time limits for compliance under paragraph 2 or 5 where the gatekeeper demonstrates that this is necessary to ensure effective interoperability and to maintain the necessary level of security, including end-to-end encryption, where applicable.
7. The end_users of the number-independent_interpersonal_communications_services of the gatekeeper and of the requesting provider of number-independent_interpersonal_communications_services shall remain free to decide whether to make use of the interoperable basic functionalities that may be provided by the gatekeeper pursuant to paragraph 1.
8. The gatekeeper shall collect and exchange with the provider of number-independent_interpersonal_communications_services that makes a request for interoperability only the personal data of end_users that is strictly necessary to provide effective interoperability. Any such collection and exchange of the personal data of end_users shall fully comply with Regulation (EU) 2016/679 and Directive 2002/58/EC.
9. The gatekeeper shall not be prevented from taking measures to ensure that third-party providers of number-independent_interpersonal_communications_services requesting interoperability do not endanger the integrity, security and privacy of its services, provided that such measures are strictly necessary and proportionate and are duly justified by the gatekeeper.
Article 46
Implementing provisions
1. The Commission may adopt implementing acts laying down detailed arrangements for the application of the following:
| (a) | the form, content and other details of notifications and submissions pursuant to Article 3; |
| (b) | the form, content and other details of the technical measures that gatekeepers shall implement in order to ensure compliance with Article 5, 6 or 7; |
| (c) | operational and technical arrangements in view of implementing interoperability of number-independent_interpersonal_communications_services pursuant to Article 7; |
| (d) | the form, content and other details of the reasoned request pursuant to Article 8(3); |
| (e) | the form, content and other details of the reasoned requests pursuant to Articles 9 and 10; |
| (f) | the form, content and other details of the regulatory reports delivered pursuant to Article 11; |
| (g) | the methodology and procedure for the audited description of techniques used for profiling of consumers provided for in Article 15(1); when developing a draft implementing act for this purpose, the Commission shall consult the European Data Protection Supervisor and may consult the European Data Protection Board, civil society and other relevant experts; |
| (h) | the form, content and other details of notifications and submissions made pursuant to Articles 14 and 15; |
| (i) | the practical arrangements of the proceedings concerning the market investigations pursuant to Articles 17, 18 and 19, and proceedings pursuant to Articles 24, 25 and 29; |
| (j) | the practical arrangements for exercising rights to be heard provided for in Article 34; |
| (k) | the practical arrangements for the terms of disclosure provided for in Article 34; |
| (l) | the practical arrangements for the cooperation and coordination between the Commission and national authorities provided for in Articles 37 and 38; and |
| (m) | the practical arrangements for the calculation and extension of deadlines. |
2. The implementing acts referred to in paragraph 1, points (a) to (k), and point (m) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
The implementing act referred to in paragraph 1, point (l), of this Article shall be adopted in accordance with the examination procedure referred to in Article 50(3).
3. Before the adoption of any implementing act pursuant to paragraph 1, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within a time limit, which may not be less than one month.
whereas