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 21 Requests for information
- 1 Article 39 Cooperation with national courts
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
- information 16
- commission 14
- shall 12
- undertakings 10
- request 9
- regulation 8
- decision 7
- article 6
- provided 6
- which 5
- national_courts 5
- necessary 4
- also 4
- purpose 4
- under 4
- application 4
- state 3
- supply 3
- requires 3
- within 3
- indicate 3
- proceedings 3
- simple 3
- written 3
- time 3
- provide 3
- associations 3
- observations 3
- possession 2
- judgment 2
- copy 2
- fines 2
- incorrect 2
- transmit 2
- incomplete 2
- states 2
- misleading 2
- court 2
- behalf 2
- national_court 2
- limit 2
- where 2
- required 2
- explanations 2
- in 2
- carry 2
- duties 2
- require 2
- access 2
- data 2
Article 21
Requests for information
1. In order to carry out its duties under this Regulation, the Commission may, by simple request or by decision, require from undertakings and associations of undertakings to provide all necessary information. The Commission may also, by simple request or by decision, require access to any data and algorithms of undertakings and information about testing, as well as requesting explanations of them.
2. When sending a simple request for information to an undertaking or association of undertakings, the Commission shall state the legal basis and purpose of the request, specify what information is required and fix the time limit within which the information is to be provided, as well as the fines provided for in Article 30 applicable for supplying incomplete, incorrect or misleading information or explanations.
3. Where the Commission requires undertakings and associations of undertakings to supply information by decision, it shall state the legal basis and purpose of the request, specify what information is required and fix the time limit within which the information is to be provided. Where the Commission requires undertakings to provide access to any data, algorithms and information about testing, it shall state the purpose of the request and fix the time -limit within which it is to be provided. It shall also indicate the fines provided for in Article 30 and indicate or impose the periodic penalty payments provided for in Article 31. It shall further indicate the right to have the decision reviewed by the Court of Justice.
4. The undertakings or associations of undertakings or their representatives shall supply the information requested on behalf of the undertaking or the association of undertakings concerned. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
5. At the request of the Commission, the competent authorities of the Member States shall provide the Commission with all necessary information in their possession to carry out the duties assigned to it by this Regulation.
Article 39
Cooperation with national_courts
1. In proceedings for the application of this Regulation, national_courts may ask the Commission to transmit to them information in its possession or its opinion on questions concerning the application of this Regulation.
2. Member States shall forward to the Commission a copy of any written judgment of national_courts deciding on the application of this Regulation. Such copy shall be forwarded without delay after the full written judgment is notified to the parties.
3. Where the coherent application of this Regulation so requires, the Commission, acting on its own initiative, may submit written observations to national_courts. With the permission of the court in question, it may also make oral observations.
4. For the purpose of the preparation of their observations only, the Commission may request the relevant national_court to transmit or ensure the transmission to the Commission of any documents necessary for the assessment of the case.
5. National courts shall not give a decision which runs counter to a decision adopted by the Commission under this Regulation. They shall also avoid giving decisions which would conflict with a decision contemplated by the Commission in proceedings it has initiated under this Regulation. To that effect, the national_court may assess whether it is necessary to stay its proceedings. This is without prejudice to the possibility for national_courts to request a preliminary ruling under Article 267 TFEU.
whereas