keyboard_tab Digital Market Act 2022/1925 EN
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- 13 Article 1 Subject matter and scope
- 90 Article 2 Definitions
- 33 Article 3 Designation of gatekeepers
- 4 Article 4 Review of the status of gatekeeper
- 22 Article 5 Obligations for gatekeepers
- 13 Article 6 Obligations for gatekeepers susceptible of being further specified under Article 8
- 29 Article 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- 9 Article 8 Compliance with obligations for gatekeepers
- 1 Article 11 Reporting
- 23 Article 12 Updating obligations for gatekeepers
- 1 Article 13 Anti-circumvention
- 2 Article 14 Obligation to inform about concentrations
- 1 Article 15 Obligation of an audit
- 10 Article 16 Opening of a market investigation
- 4 Article 17 Market investigation for designating gatekeepers
- 3 Article 18 Market investigation into systematic non-compliance
- 4 Article 19 Market investigation into new services and new practices
- 1 Article 21 Requests for information
- 14 Article 23 Powers to conduct inspections
- 1 Article 24 Interim measures
- 8 Article 25 Commitments
- 11 Article 28 Compliance function
- 10 Article 29 Non-compliance
- 33 Article 30 Fines
- 17 Article 31 Periodic penalty payments
- 6 Article 32 Limitation periods for the imposition of penalties
- 8 Article 33 Limitation periods for the enforcement of penalties
- 5 Article 34 Right to be heard and access to the file
- 10 Article 35 Annual reporting
- 1 Article 37 Cooperation with national authorities
- 2 Article 38 Cooperation and coordination with national competent authorities enforcing competition rules
- 15 Article 40 The high-level group
- 8 Article 41 Request for a market investigation
- 26 Article 46 Implementing provisions
- 3 Article 51 Amendment to Directive (EU) 2019/1937
- 3 Article 52 Amendment to Directive (EU) 2020/1828
- 2 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
- shall 288
- article 275
- commission 221
- gatekeeper 190
- pursuant 132
- core_platform_services 126
- the 106
- end_users 103
- regulation 100
- undertaking 99
- services 87
- information 85
- decision 80
- business_users 79
- data 78
- which 77
- provided 73
- number 72
- such 70
- referred 67
- european 64
- from 64
- relevant 60
- within 59
- down 57
- and 56
- including 56
- obligations 55
- least 54
- undertakings 53
- unique 52
- market 52
- providing 51
- paragraph 49
- council 49
- laid 48
- parliament 47
- measures 47
- year 46
- request 43
- core_platform_service 43
- means 43
- member 42
- investigation 40
- ‘active 40
- paragraph 40
- provide 39
- article 39
- through 39
- national 38
Article 54
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 2 May 2023.
However, Article 3(6) and (7) and Articles 40, 46, 47, 48, 49 and 50 shall apply from 1 November 2022 and Article 42 and Article 43 shall apply from 25 June 2023.
Nevertheless, if the date of 25 June 2023 precedes the date of application referred to in the second paragraph of this Article, the application of Article 42 and Article 43 shall be postponed until the date of application referred to in the second paragraph of this Article.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 14 September 2022.
For the European Parliament
The President
R. METSOLA
For the Council
The President
M. BEK
(1) OJ C 286, 16.7.2021, p. 64.
(2) OJ C 440, 29.10.2021, p. 67.
(3) Position of the European Parliament of 5 July 2022 (not yet published in the Official Journal) and decision of the Council of 18 July 2022.
(4) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(5) Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business_users of online_intermediation_services (OJ L 186, 11.7.2019, p. 57).
(6) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 37).
(7) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).
(8) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
(9) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment_services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
(10) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).
(11) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
(12) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
(13) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
(14) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).
(15) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
(16) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(17) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(18) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
(19) OJ L 123, 12.5.2016, p. 1.
(20) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
(21) Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
(22) OJ C 147, 26.4.2021, p. 4.
(23) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
(24) Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
ANNEX
A. ‘ General’
1.
2.
3.
B. ‘Active end_users’
1.
a.
It is considered that collecting data about the use of core_platform_services from signed-in or logged-in environments would prima facie present the lowest risk of duplication, for example in relation to user behaviour across devices or platforms. Hence, the undertaking shall submit aggregate anonymized data on the number of unique end_users per respective core_platform_service based on signed-in or logged-in environments, if such data exists.
b.
In the case of core_platform_services which are also accessed by end_users outside signed-in or logged-in environments, the undertaking shall additionally submit aggregate anonymized data on the number of unique end_users of the respective core_platform_service based on an alternate metric capturing also end_users outside signed-in or logged-in environments, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags, provided that those addresses or identifiers are objectively necessary for the provision of the core_platform_services.
2.
C. ‘Active business_users’
The number of ‘unique users’ as regards ‘active business_users’ is to be determined, where applicable, at the account level with each distinct business account associated with the use of a core_platform_service provided by the undertaking constituting one unique business_user of that respective core_platform_service. If the notion of ‘business account’ does not apply to a given core_platform_service, the relevant undertaking providing core_platform_services shall determine the number of unique business_users by referring to the relevant undertaking.
D. ‘ Submission_of_information’
1.
a.
The undertaking shall be responsible for submitting data for a respective core_platform_service that avoids under-counting and over-counting the number of active end_users and active business_users (for example, where users access the core_platform_services across different platforms or devices).
b.
The undertaking shall be responsible for providing precise and succinct explanations about the methodology used to arrive at the information and for any risk of under-counting or over-counting of the number of active end_users and active business_users for a respective core_platform_service and for the solutions adopted to address that risk.
c.
The undertaking shall provide data that is based on an alternative metric when the Commission has concerns about the accuracy of data provided by the undertaking providing core_platform_services.
2.
a.
The undertaking providing core_platform_service(s) shall not identify core_platform_services that belong to the same category of core_platform_services pursuant to Article 2, point (2) as distinct mainly on the basis that they are provided using different domain names, whether country code top-level domains (ccTLDs) or generic top-level domains (gTLDs), or any geographic attributes.
b.
The undertaking providing core_platform_service(s) shall consider as distinct core_platform_services those core_platform_services, which are used for different purposes by either their end_users or their business_users, or both, even if their end_users or business_users may be the same and even if they belong to the same category of core_platform_services pursuant to Article 2, point (2).
c.
The undertaking providing core_platform_service(s) shall consider as distinct core_platform_services those services which the relevant undertaking offers in an integrated way, but which:
(i)
do not belong to the same category of core_platform_services pursuant to Article 2, point (2); or
(ii)
are used for different purposes by either their end_users or their business_users, or both, even if their end_users and business_users may be the same and even if they belong to the same category of core_platform_services pursuant to Article 2, point (2).
E. ‘ Specific_definitions’
The table below sets out specific definitions of ‘active end_users’ and ‘active business_users’ for each core_platform_service.
Core platform services
Active end_users
Active business_users
Online intermediation services
Number of unique end_users who engaged with the online intermediation service at least once in the month for example through actively logging-in, making a query, clicking or scrolling or concluded a transaction through the online intermediation service at least once in the month.
Number of unique business_users who had at least one item listed in the online intermediation service during the whole year or concluded a transaction enabled by the online intermediation service during the year.
Online search engines
Number of unique end_users who engaged with the online_search_engine at least once in the month, for example through making a query.
Number of unique business_users with business websites (i.e. website used in commercial or professional capacity) indexed by or part of the index of the online_search_engine during the year.
Online social networking services
Number of unique end_users who engaged with the online_social_networking_service at least once in the month, for example through actively logging-in, opening a page, scrolling, clicking, liking, making a query, posting or commenting.
Number of unique business_users who have a business listing or business account in the online_social_networking_service and have engaged in any way with the service at least once during the year, for example through actively logging-in, opening a page, scrolling, clicking, liking, making a query, posting, commenting or using its tools for businesses.
Video-sharing platform services
Number of unique end_users who engaged with the video-sharing_platform_service at least once in the month, for example through playing a segment of audiovisual content, making a query or uploading a piece of audiovisual content, notably including user-generated videos.
Number of unique business_users who provided at least one piece of audiovisual content uploaded or played on the video-sharing_platform_service during the year.
Number-independent interpersonal communication services
Number of unique end_users who initiated or participated in any way in a communication through the number-independent interpersonal communication service at least once in the month.
Number of unique business_users who used a business account or otherwise initiated or participated in any way in a communication through the number-independent interpersonal communication service to communicate directly with an end_user at least once during the year.
Operating systems
Number of unique end_users who utilised a device with the operating_system, which has been activated, updated or used at least once in the month.
Number of unique developers who published, updated or offered at least one software_application or software program using the programming language or any software development tools of, or running in any way on, the operating_system during the year.
Virtual assistant
Number of unique end_users who engaged with the virtual_assistant in any way at least once in the month, such as for example through activating it, asking a question, accessing a service through a command or controlling a smart home device.
Number of unique developers who offered at least one virtual_assistant software_application or a functionality to make an existing software_application accessible through the virtual_assistant during the year.
Web browsers
Number of unique end_users who engaged with the web_browser at least once in the month, for example through inserting a query or website address in the URL line of the web_browser.
Number of unique business_users whose business websites (i.e. website used in commercial or professional capacity) have been accessed via the web_browser at least once during the year or who offered a plug-in, extension or add-ons used on the web_browser during the year.
Cloud computing services
Number of unique end_users who engaged with any cloud_computing_services from the relevant provider of cloud_computing_services at least once in the month, in return for any type of remuneration, regardless of whether this remuneration occurs in the same month.
Number of unique business_users who provided any cloud_computing_services hosted in the cloud infrastructure of the relevant provider of cloud_computing_services during the year.
Online advertising services
For proprietary sales of advertising space:
Number of unique end_users who were exposed to an advertisement impression at least once in the month.
For advertising intermediation services (including advertising networks, advertising exchanges and any other advertising intermediation services):
Number of unique end_users who were exposed to an advertisement impression which triggered the advertising intermediation service at least once in the month.
For proprietary sales of advertising space:
Number of unique advertisers who had at least one advertisement impression displayed during the year.
For advertising intermediation services (including advertising networks, advertising exchanges and any other advertising intermediation services):
Number of unique business_users (including advertisers, publishers or other intermediators) who interacted via or were served by the advertising intermediation service during the year.