keyboard_tab Digital Market Act 2022/1925 EN
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- 1 Article 24 Interim measures
- 1 Article 31 Periodic penalty payments
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 26
- decision 23
- pursuant 19
- comply 10
- penalty 8
- undertakings 8
- periodic 8
- implementing 7
- commission 7
- made 6
- adopted 6
- information 6
- measures 6
- which 6
- adopt 5
- shall 5
- request 4
- required 4
- payment 4
- supply 4
- interim 4
- taken 4
- associations 4
- payments 4
- ordering 3
- time 3
- specified 3
- gatekeepers 3
- accordance 3
- advisory 3
- procedure 3
- referred 3
- commitments 2
- enforce 2
- binding 2
- where 2
- have 2
- satisfied 2
- obligation 2
- including 2
- imposing 2
- from 2
- legally 2
- calculated 2
- the 2
- setting 2
- definitive 2
- figure 2
- lower 2
- than 2
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).
Article 24
Interim measures
In case of urgency due to the risk of serious and irreparable damage for business_users or end_users of gatekeepers, the Commission may adopt an implementing act ordering interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Article 5, 6 or 7. That implementing act shall be adopted only in the context of proceedings opened with a view to the possible adoption of a non-compliance decision pursuant to Article 29(1). It shall apply only for a specified period of time and may be renewed in so far this is necessary and appropriate. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
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