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 1 Subject matter and scope
- 3 Article 2 Definitions
- 11 Article 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- 1 Article 12 Updating obligations for gatekeepers
- 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 70
- article 63
- services 41
- regulation 28
- shall 25
- defined 23
- communications 23
- gatekeeper 22
- end_users 22
- interpersonal 21
- core_platform_services 21
- number-independent 20
- service 20
- pursuant 18
- including 18
- obligations 18
- provided 18
- within 17
- point 17
- content 16
- eu / 16
- which 15
- the 14
- information 14
- gatekeepers 13
- such 13
- data 12
- software 12
- acts 12
- and 11
- between 11
- interoperability 10
- business_users 10
- commission 10
- online_intermediation_services 10
- directive 10
- form 10
- end-to-end 10
- undertakings 10
- undertaking 10
- down 9
- meaning 9
- enables 8
- individual 8
- details 8
- articles 8
- basic 8
- functionalities 8
- request 8
- providing 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 1
Subject matter and scope
1. The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonised rules ensuring for all businesses, contestable and fair markets in the digital_sector across the Union where gatekeepers are present, to the benefit of business_users and end_users.
2. This Regulation shall apply to core_platform_services provided or offered by gatekeepers to business_users established in the Union or end_users established or located in the Union, irrespective of the place of establishment or residence of the gatekeepers and irrespective of the law otherwise applicable to the provision of service.
3. This Regulation shall not apply to markets related to:
| (a) | electronic communications networks as defined in Article 2, point (1), of Directive (EU) 2018/1972; |
| (b) | electronic communications services as defined in Article 2, point (4), of Directive (EU) 2018/1972, other than those related to number-independent interpersonal communications services. |
4. With regard to interpersonal communications services as defined in Article 2, point (5) of Directive (EU) 2018/1972, this Regulation is without prejudice to the powers and responsibilities granted to the national regulatory and other competent authorities by virtue of Article 61 of that Directive.
5. In order to avoid the fragmentation of the internal market, Member States shall not impose further obligations on gatekeepers by way of laws, regulations or administrative measures for the purpose of ensuring contestable and fair markets. Nothing in this Regulation precludes Member States from imposing obligations on undertakings, including undertakings providing core_platform_services, for matters falling outside the scope of this Regulation, provided that those obligations are compatible with Union law and do not result from the fact that the relevant undertakings have the status of a gatekeeper within the meaning of this Regulation.
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of:
| (a) | national competition rules prohibiting anti-competitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; |
| (b) | national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to the imposition of further obligations on gatekeepers; and |
| (c) | Council Regulation (EC) No 139/2004 (23) and national rules concerning merger control. |
7. National authorities shall not take decisions which run counter to a decision adopted by the Commission under this Regulation. The Commission and Member States shall work in close cooperation and coordinate their enforcement actions on the basis of the principles established in Articles 37 and 38.
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 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 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. |
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