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
- 1 Article 16 Opening of a market investigation
- 1 Article 29 Non-compliance
- 1 Article 36 Professional secrecy
- 1 Article 37 Cooperation with national authorities
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 21
- regulation 20
- shall 20
- commission 18
- pursuant 15
- decision 14
- the 12
- market 11
- non-compliance 10
- investigation 9
- national 8
- authorities 7
- gatekeepers 7
- information 6
- gatekeeper 6
- obligations 5
- adopted 5
- member 5
- measures 5
- undertakings 5
- states 5
- adopt 5
- opening 5
- rules 5
- and 4
- within 4
- union 4
- purpose 4
- articles 4
- prejudice 4
- enforcement 3
- defined 3
- application 3
- without 3
- paragraph 3
- from 3
- decisions 3
- purposes 3
- used 3
- competent 3
- collected 3
- order 3
- communications 3
- which 3
- findings 3
- provided 3
- preliminary 3
- markets 3
- cooperation 3
- close 3
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 16
Opening of a market investigation
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:
| (a) | the date of opening of the market investigation; |
| (b) | the description of the issue to which the market investigation relates to; |
| (c) | the purpose of the market investigation. |
4. The Commission may reopen a market investigation that it has closed where:
| (a) | there has been a material change in any of the facts on which a decision adopted pursuant to Article 17, 18 or 19 was based; or |
| (b) | the decision adopted pursuant to Article 17, 18 or 19 was based on incomplete, incorrect or misleading information. |
5. The Commission may ask one or more national competent authorities to assist it in its market investigation.
Article 29
Non-compliance
1. The Commission shall adopt an implementing act setting out its finding of non-compliance (‘the non-compliance decision’) where it finds that a gatekeeper does not comply with one or more of the following:
| (a) | any of the obligations laid down in Article 5, 6 or 7; |
| (b) | measures specified by the Commission in a decision adopted pursuant to Article 8(2); |
| (c) | remedies imposed pursuant to Article 18(1); |
| (d) | interim measures ordered pursuant to Article 24; or |
| (e) | commitments made legally binding pursuant to Article 25. |
That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
2. The Commission shall endeavour to adopt its non-compliance decision within 12 months from the opening of proceedings pursuant to Article 20.
3. Before adopting the non-compliance decision, the Commission shall communicate its preliminary findings to the gatekeeper concerned. In those preliminary findings, the Commission shall explain the measures it is considering taking or that it considers that the gatekeeper should take in order to effectively address the preliminary findings.
4. Where it intends to adopt a non-compliance decision, the Commission may consult third parties.
5. In the non-compliance decision, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with that decision.
6. The gatekeeper shall provide the Commission with the description of the measures that it has taken to ensure compliance with the non-compliance decision.
7. Where the Commission decides not to adopt a non-compliance decision, it shall close the proceedings by a decision.
Article 36
Professional secrecy
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.
Article 37
Cooperation with national authorities
1. The Commission and Member States shall work in close cooperation and coordinate their enforcement actions to ensure coherent, effective and complementary enforcement of available legal instruments applied to gatekeepers within the meaning of this Regulation.
2. The Commission may consult national authorities where appropriate, on any matter relating to the application of this Regulation.
whereas