keyboard_tab Digital Market Act 2022/1925 EN
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- 1 Article 29 Non-compliance
- 1 Article 50 Committee procedure
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 13
- decision 12
- article 11
- commission 11
- non-compliance 10
- committee 8
- the 5
- pursuant 5
- gatekeeper 5
- within 4
- opinion 4
- where 4
- procedure 4
- adopt 4
- measures 4
- regulation 3
- no / 3
- made 3
- findings 3
- preliminary 3
- proceedings 2
- reference 2
- shall apply 2
- communicate 2
- paragraph 2
- order 2
- decides 2
- provide 2
- advisory 2
- comply 2
- ‘the 2
- together 2
- implementing 2
- individual 2
- adopted 2
- meaning 1
- committee’ 1
- markets 1
- interest 1
- digital 1
- chair 1
- legitimate 1
- assisted 1
- professional 1
- close 1
- compliance 1
- ensure 1
- taken 1
- description 1
- protection 1
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 50
Committee procedure
1. The Commission shall be assisted by a committee (‘the Digital Markets Advisory Committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. The Commission shall communicate the opinion of the committee to the addressee of an individual decision, together with that decision. It shall make the opinion public together with the individual decision, having regard to the legitimate interest in the protection of professional secrecy.
whereas