keyboard_tab Digital Market Act 2022/1925 EN

1.   The Commission may, upon request or on its own initiative, reconsider, amend or repeal at any moment a designation decision adopted pursuant to Article 3 for one of the following reasons:

2.   The Commission shall regularly, and at least every 3 years, review whether the gatekeepers continue to satisfy the requirements laid down in Article 3(1). That review shall also examine whether the list of core_platform_services of the gatekeeper which are individually an important gateway for business_users to reach end_users, as referred to in Article 3(1), point (b), needs to be amended. Those reviews shall have no suspending effect on the gatekeeper’s obligations.

The Commission shall also examine at least every year whether new undertakings providing core_platform_services satisfy those requirements.

Where the Commission, on the basis of the reviews pursuant to the first subparagraph, finds that the facts on which the designation of the undertakings providing core_platform_services as gatekeepers was based, have changed, it shall adopt a decision confirming, amending or repealing the designation decision.

3.   The Commission shall publish and update a list of gatekeepers and the list of the core_platform_services for which they need to comply with the obligations laid down in Chapter III on an on-going basis.

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.

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:

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.

1.   The gatekeeper shall ensure and demonstrate compliance with the obligations laid down in Articles 5, 6 and 7 of this Regulation. The measures implemented by the gatekeeper to ensure compliance with those Articles shall be effective in achieving the objectives of this Regulation and of the relevant obligation. The gatekeeper shall ensure that the implementation of those measures complies with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC, legislation on cyber security, consumer protection, product safety, as well as with the accessibility requirements.

2.   The Commission may, on its own initiative or at the request of a gatekeeper pursuant to paragraph 3 of this Article, open proceedings pursuant to Article 20.

The Commission may adopt an implementing act, specifying the measures that the gatekeeper concerned is to implement in order to effectively comply with the obligations laid down in Articles 6 and 7. That implementing act shall be adopted within 6 months from the opening of proceedings pursuant to Article 20 in accordance with the advisory procedure referred to in Article 50(2).

When opening proceedings on its own initiative for circumvention pursuant to Article 13, such measures may concern the obligations laid down in Articles 5, 6 and 7.

3.   A gatekeeper may request the Commission to engage in a process to determine whether the measures that that gatekeeper intends to implement or has implemented to ensure compliance with Articles 6 and 7 are effective in achieving the objective of the relevant obligation in the specific circumstances of the gatekeeper. The Commission shall have discretion in deciding whether to engage in such a process, respecting the principles of equal treatment, proportionality and good administration.

In its request, the gatekeeper shall provide a reasoned submission to explain the measures that it intends to implement or has implemented. The gatekeeper shall furthermore provide a non-confidential version of its reasoned submission that may be shared with third parties pursuant to paragraph 6.

4.   Paragraphs 2 and 3 of this Article are without prejudice to the powers of the Commission under Articles 29, 30 and 31.

5.   With a view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings to the gatekeeper within 3 months from the opening of the proceedings under Article 20. In the preliminary findings, the Commission shall explain the measures that it is considering taking or that it considers the gatekeeper concerned should take in order to effectively address the preliminary findings.

6.   In order to effectively enable interested third parties to provide comments, the Commission shall, when communicating its preliminary findings to the gatekeeper pursuant to paragraph 5 or as soon as possible thereafter, publish a non-confidential summary of the case and the measures that it is considering taking or that it considers the gatekeeper concerned should take. The Commission shall specify a reasonable timeframe within which such comments are to be provided.

7.   In specifying the measures under paragraph 2, the Commission shall ensure that the measures are effective in achieving the objectives of this Regulation and the relevant obligation, and proportionate in the specific circumstances of the gatekeeper and the relevant service.

8.   For the purposes of specifying the obligations under Article 6(11) and (12), the Commission shall also assess whether the intended or implemented measures ensure that there is no remaining imbalance of rights and obligations on business_users and that the measures do not themselves confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business_users.

9.   In respect of proceedings pursuant to paragraph 2, the Commission may, upon request or on its own initiative, decide to reopen them where:

1.   When the Commission intends to carry out a market investigation with a view to the possible adoption of decisions pursuant to Articles 17, 18 and 19 it shall adopt a decision opening a market investigation.

2.   Notwithstanding paragraph 1, the Commission may exercise its investigative powers under this Regulation before opening a market investigation pursuant to that paragraph.

3.   The decision referred to in paragraph 1 shall specify:

4.   The Commission may reopen a market investigation that it has closed where:

5.   The Commission may ask one or more national competent authorities to assist it in its market investigation.

1.   If, during proceedings under Article 18, the gatekeeper concerned offers commitments for the relevant core_platform_services to ensure compliance with the obligations laid down in Articles 5, 6 and 7 the Commission may adopt an implementing act making those commitments binding on that gatekeeper and declare that there are no further grounds for action. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).

2.   The Commission may, upon request or on its own initiative, reopen by decision the relevant proceedings, where:

3.   If the Commission considers that the commitments submitted by the gatekeeper concerned cannot ensure effective compliance with the obligations laid down in Articles 5, 6 and 7, it shall explain the reasons for not making those commitments binding in the decision concluding the relevant proceedings.

1.   The information collected pursuant to this Regulation shall be used for the purposes of this Regulation.

2.   The information collected pursuant to Article 14 shall be used for the purposes of this Regulation, Regulation (EC) No 139/2004 and national merger rules.

3.   The information collected pursuant to Article 15 shall be used for the purposes of this Regulation and Regulation (EU) 2016/679.

4.   Without prejudice to the exchange and to the use of information provided for the purpose of use pursuant to Articles 38, 39, 41 and 43, the Commission, the competent authorities of the Member States, their officials, servants and other persons working under the supervision of those authorities and any natural or legal person, including auditors and experts appointed pursuant to Article 26(2), shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy.

1.   The Commission and the national competent authorities of the Member States enforcing the rules referred to in Article 1(6) shall cooperate with each other and inform each other about their respective enforcement actions through the European Competition Network (ECN). They shall have the power to provide one another with any information regarding a matter of fact or of law, including confidential information. Where the competent authority is not a member of the ECN, the Commission shall make the necessary arrangements for cooperation and exchange of information on cases concerning the enforcement of this Regulation and the enforcement of cases referred to in Article 1(6) of such authorities. The Commission may lay down such arrangements in an implementing act as referred to in Article 46(1), point (l).

2.   Where a national competent authority of the Member States enforcing the rules referred to in Article 1(6) intends to launch an investigation on gatekeepers based on national laws referred to in Article 1(6), it shall inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. This information may also be made available to the national competent authorities enforcing the rules referred to in Article 1(6) of the other Member States.

3.   Where a national competent authority of the Member States enforcing the rules referred to in Article 1(6) intends to impose obligations on gatekeepers based on national laws referred to in Article 1(6), it shall, no later than 30 days before its adoption, communicate the draft measure to the Commission stating the reasons for the measure. In the case of interim measures, the national competent authority of the Member States enforcing the rules referred to in Article 1(6) shall communicate to the Commission the draft measures envisaged as soon as possible, and at the latest immediately after the adoption of such measures. This information may also be made available to the national competent authorities enforcing the rules referred to in Article 1(6) of the other Member States.

4.   The information mechanisms provided for in paragraphs 2 and 3 shall not apply to decisions envisaged pursuant to national merger rules.

5.   Information exchanged pursuant to paragraphs 1 to 3 of this Article shall only be exchanged and used for the purpose of coordination of the enforcement of this Regulation and the rules referred to in Article 1(6).

6.   The Commission may ask national competent authorities of the Member States enforcing the rules referred to in Article 1(6) to support any of its market investigations pursuant to this Regulation.

7.   Where it has the competence and investigative powers to do so under national law, a national competent authority of the Member States enforcing the rules referred to in Article 1(6) may, on its own initiative, conduct an investigation into a case of possible non-compliance with Articles 5, 6 and 7 of this Regulation on its territory. Before taking a first formal investigative measure, that authority shall inform the Commission in writing.

The opening of proceedings by the Commission pursuant to Article 20 shall relieve the national competent authorities of the Member States enforcing the rules referred to in Article 1(6) of the possibility to conduct such an investigation or end it where it is already ongoing. Those authorities shall report to the Commission on the findings of such investigation in order to support the Commission in its role as sole enforcer of this Regulation.