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
- article 11
- decision 11
- pursuant 9
- comply 5
- undertakings 4
- penalty 4
- periodic 4
- which 3
- information 3
- made 3
- commission 3
- payments 2
- request 2
- supply 2
- measures 2
- payment 2
- implementing 2
- adopt 2
- required 2
- associations 2
- taken 2
- adopted 2
- binding 1
- legally 1
- commitments 1
- where 1
- have 1
- satisfied 1
- interim 1
- obligation 1
- ordering 1
- ordered 1
- including 1
- inspection 1
- arise 1
- procedure 1
- advisory 1
- accordance 1
- shall 1
- original 1
- under 1
- would 1
- enforce 1
- than 1
- lower 1
- figure 1
- amount 1
- definitive 1
- setting 1
- intended 1
Article 31
Periodic penalty payments
1. The Commission may adopt a decision imposing on undertakings, including gatekeepers where applicable, and associations of undertakings periodic penalty payments not exceeding 5 % of the average daily worldwide turnover in the preceding financial year per day, calculated from the date set by that decision, in order to compel them:
| (a) | to comply with the measures specified by the Commission in a decision adopted pursuant to Article 8(2); |
| (b) | to comply with the decision pursuant to Article 18(1); |
| (c) | to supply correct and complete information within the time limit required by a request for information made by decision pursuant to Article 21; |
| (d) | to ensure access to data, algorithms and information about testing in response to a request made pursuant to Article 21(3) and to supply explanations on those as required by a decision pursuant to Article 21; |
| (e) | to submit to an inspection which was ordered by a decision taken pursuant to Article 23; |
| (f) | to comply with a decision ordering interim measures taken pursuant to Article 24; |
| (g) | to comply with commitments made legally binding by a decision pursuant to Article 25(1); |
| (h) | to comply with a decision pursuant to Article 29(1). |
2. Where the undertakings, or associations of undertakings, have satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may adopt an implementing act, setting the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
whereas