keyboard_tab Digital Market Act 2022/1925 EN
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- 1 Article 28 Compliance function
- 1 Article 41 Request for a market investigation
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
- compliance 18
- gatekeeper 16
- shall 15
- management 12
- pursuant 11
- function 10
- body 10
- article 9
- regulation 9
- commission 8
- more 7
- the 6
- ensure 6
- head 5
- investigation 5
- paragraph 5
- market 5
- request 5
- states 4
- monitoring 4
- grounds 4
- there 4
- reasonable 4
- core_platform_services 3
- without 3
- consider 3
- suspect 3
- officers 3
- independent 3
- member 3
- open 3
- they 3
- because 3
- laid 2
- down 2
- and 2
- requests 2
- services 2
- should 2
- three 2
- contestability 2
- responsibilities 2
- evidence 2
- concerns 2
- raise 2
- prejudice 2
- including 2
- resources 2
- have 2
- such 2
Article 28
Compliance function
1. Gatekeepers shall introduce a compliance function, which is independent from the operational functions of the gatekeeper and composed of one or more compliance officers, including the head of the compliance function.
2. The gatekeeper shall ensure that the compliance function referred to in paragraph 1 has sufficient authority, stature and resources, as well as access to the management body of the gatekeeper to monitor the compliance of the gatekeeper with this Regulation.
3. The management body of the gatekeeper shall ensure that compliance officers appointed pursuant to paragraph 1 have the professional qualifications, knowledge, experience and ability necessary to fulfil the tasks referred to in paragraph 5.
The management body of the gatekeeper shall also ensure that such head of the compliance function is an independent senior manager with distinct responsibility for the compliance function.
4. The head of the compliance function shall report directly to the management body of the gatekeeper and may raise concerns and warn that body where risks of non-compliance with this Regulation arise, without prejudice to the responsibilities of the management body in its supervisory and managerial functions.
The head of the compliance function shall not be removed without prior approval of the management body of the gatekeeper.
5. Compliance officers appointed by the gatekeeper pursuant to paragraph 1 shall have the following tasks:
| (a) | organising, monitoring and supervising the measures and activities of the gatekeepers that aim to ensure compliance with this Regulation; |
| (b) | informing and advising the management and employees of the gatekeeper on compliance with this Regulation; |
| (c) | where applicable, monitoring compliance with commitments made binding pursuant to Article 25, without prejudice to the Commission being able to appoint independent external experts pursuant to Article 26(2); |
| (d) | cooperating with the Commission for the purpose of this Regulation. |
6. Gatekeepers shall communicate the name and contact details of the head of the compliance function to the Commission.
7. The management body of the gatekeeper shall define, oversee and be accountable for the implementation of the governance arrangements of the gatekeeper that ensure the independence of the compliance function, including the division of responsibilities in the organisation of the gatekeeper and the prevention of conflicts of interest.
8. The management body shall approve and review periodically, at least once a year, the strategies and policies for taking up, managing and monitoring the compliance with this Regulation.
9. The management body shall devote sufficient time to the management and monitoring of compliance with this Regulation. It shall actively participate in decisions relating to the management and enforcement of this Regulation and ensure that adequate resources are allocated to it.
Article 41
Request for a market investigation
1. Three or more Member States may request the Commission to open a market investigation pursuant to Article 17 because they consider that there are reasonable grounds to suspect that an undertaking should be designated as a gatekeeper.
2. One or more Member States may request the Commission to open a market investigation pursuant to Article 18 because they consider that there are reasonable grounds to suspect that a gatekeeper has systematically infringed one or more of the obligations laid down in Articles 5, 6 and 7 and has maintained, strengthened or extended its gatekeeper position in relation to the requirements under Article 3(1).
3. Three or more Member States may request the Commission to conduct a market investigation pursuant to Article 19 because they consider that there are reasonable grounds to suspect that:
| (a) | one or more services within the digital_sector should be added to the list of core_platform_services laid down in Article 2, point (2), or |
| (b) | one or more practices are not effectively addressed by this Regulation and might limit the contestability of core_platform_services or be unfair. |
4. Member States shall submit evidence in support of their requests pursuant to paragraphs 1, 2 and 3. For requests pursuant to paragraph 3, such evidence may include information on newly introduced offers of products, services, software or features which raise concerns of contestability or fairness, whether implemented in the context of existing core_platform_services or otherwise.
5. Within 4 months of receiving a request pursuant to this Article, the Commission shall examine whether there are reasonable grounds to open a market investigation pursuant to paragraph 1, 2 or 3. The Commission shall publish the results of its assessment.
whereas