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
- 4 Article 5 Obligations for gatekeepers
- 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
- gatekeeper 26
- article 18
- shall 14
- services 13
- decision 13
- pursuant 12
- including 11
- each 11
- the 11
- core_platform_services 10
- from 10
- end_users 10
- relevant 9
- information 9
- which 8
- business_users 7
- advertiser 7
- consent 7
- data 7
- personal 6
- comply 6
- deductions 6
- online 6
- surcharges 6
- publisher 6
- charge 5
- request 5
- through 5
- provided 5
- free 5
- advertising 5
- daily 5
- concerning 4
- paid 4
- undertakings 4
- penalty 4
- periodic 4
- provide 4
- received 4
- remuneration 4
- using 4
- fees 3
- calculated 3
- prices 3
- gatekeepers 3
- made 3
- listed 3
- access 3
- without 3
- core_platform_service 3
Article 5
Obligations for gatekeepers
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 do any of the following:
| (a) | process, for the purpose of providing online advertising services, personal data of end_users using services of third parties that make use of core_platform_services of the gatekeeper; |
| (b) | combine personal data from the relevant core_platform_service with personal data from any further core_platform_services or from any other services provided by the gatekeeper or with personal data from third-party services; |
| (c) | cross-use personal data from the relevant core_platform_service in other services provided separately by the gatekeeper, including other core_platform_services, and vice versa; and |
| (d) | sign in end_users to other services of the gatekeeper in order to combine personal data, |
unless the end_user has been presented with the specific choice and has given consent within the meaning of Article 4, point (11), and Article 7 of Regulation (EU) 2016/679.
Where the consent given for the purposes of the first subparagraph has been refused or withdrawn by the end_user, the gatekeeper shall not repeat its request for consent for the same purpose more than once within a period of one year.
This paragraph is without prejudice to the possibility for the gatekeeper to rely on Article 6(1), points (c), (d) and (e) of Regulation (EU) 2016/679, where applicable.
3. The gatekeeper shall not prevent business_users from offering the same products or services to end_users through third-party online_intermediation_services or through their own direct online sales channel at prices or conditions that are different from those offered through the online_intermediation_services of the gatekeeper.
4. The gatekeeper shall allow business_users, free of charge, to communicate and promote offers, including under different conditions, to end_users acquired via its core_platform_service or through other channels, and to conclude contracts with those end_users, regardless of whether, for that purpose, they use the core_platform_services of the gatekeeper.
5. The gatekeeper shall allow end_users to access and use, through its core_platform_services, content, subscriptions, features or other items, by using the software_application of a business_user, including where those end_users acquired such items from the relevant business_user without using the core_platform_services of the gatekeeper.
6. The gatekeeper shall not directly or indirectly prevent or restrict business_users or end_users from raising any issue of non-compliance with the relevant Union or national law by the gatekeeper with any relevant public authority, including national_courts, related to any practice of the gatekeeper. This is without prejudice to the right of business_users and gatekeepers to lay down in their agreements the terms of use of lawful complaints-handling mechanisms.
7. The gatekeeper shall not require end_users to use, or business_users to use, to offer, or to interoperate with, an identification_service, a web_browser engine or a payment_service, or technical services that support the provision of payment_services, such as payment systems for in-app purchases, of that gatekeeper in the context of services provided by the business_users using that gatekeeper’s core_platform_services.
8. The gatekeeper shall not require business_users or end_users to subscribe to, or register with, any further core_platform_services listed in the designation decision pursuant to Article 3(9) or which meet the thresholds in Article 3(2), point (b), as a condition for being able to use, access, sign up for or registering with any of that gatekeeper’s core_platform_services listed pursuant to that Article.
9. The gatekeeper shall provide each advertiser to which it supplies online advertising services, or third parties authorised by advertisers, upon the advertiser’s request, with information on a daily basis free of charge, concerning each advertisement placed by the advertiser, regarding:
| (a) | the price and fees paid by that advertiser, including any deductions and surcharges, for each of the relevant online advertising services provided by the gatekeeper, |
| (b) | the remuneration received by the publisher, including any deductions and surcharges, subject to the publisher’s consent; and |
| (c) | the metrics on which each of the prices, fees and remunerations are calculated. |
In the event that a publisher does not consent to the sharing of information regarding the remuneration received, as referred to in point (b) of the first subparagraph, the gatekeeper shall provide each advertiser free of charge with information concerning the daily average remuneration received by that publisher, including any deductions and surcharges, for the relevant advertisements.
10. The gatekeeper shall provide each publisher to which it supplies online advertising services, or third parties authorised by publishers, upon the publisher’s request, with free of charge information on a daily basis, concerning each advertisement displayed on the publisher’s inventory, regarding:
| (a) | the remuneration received and the fees paid by that publisher, including any deductions and surcharges, for each of the relevant online advertising services provided by the gatekeeper; |
| (b) | the price paid by the advertiser, including any deductions and surcharges, subject to the advertiser’s consent; and |
| (c) | the metrics on which each of the prices and remunerations are calculated. |
In the event an advertiser does not consent to the sharing of information, the gatekeeper shall provide each publisher free of charge with information concerning the daily average price paid by that advertiser, including any deductions and surcharges, for the relevant advertisements.
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