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
- 2 Article 14 Obligation to inform about concentrations
- 2 Article 27 Information by third parties
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 31
- shall 22
- article 17
- information 15
- the 14
- services 14
- core_platform_services 14
- including 13
- commission 11
- end_users 11
- each 11
- from 10
- relevant 10
- concentration 10
- business_users 9
- pursuant 9
- received 8
- advertiser 7
- regulation 7
- consent 7
- data 7
- provided 7
- provide 6
- competent 6
- which 6
- deductions 6
- surcharges 6
- publisher 6
- national 6
- member 6
- referred 6
- online 6
- inform 6
- personal 6
- through 5
- within 5
- free 5
- charge 5
- under 5
- authority 5
- third 5
- article 5
- paragraph 5
- advertising 5
- listed 4
- paid 4
- rules 4
- daily 4
- concerning 4
- remuneration 4
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 14
Obligation to inform about concentrations
1. A gatekeeper shall inform the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004, where the merging entities or the target of concentration provide core_platform_services or any other services in the digital_sector or enable the collection of data, irrespective of whether it is notifiable to the Commission under that Regulation or to a competent national competition authority under national merger rules.
A gatekeeper shall inform the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
2. The information provided by the gatekeeper pursuant to paragraph 1 shall at least describe the undertakings concerned by the concentration, their Union and worldwide annual turnovers, their fields of activity, including activities directly related to the concentration, and the transaction value of the agreement or an estimation thereof, along with a summary of the concentration, including its nature and rationale and a list of the Member States concerned by the concentration.
The information provided by the gatekeeper shall also describe, for any relevant core_platform_services, their Union annual turnovers, their numbers of yearly active business_users and their numbers of monthly active end_users, respectively.
3. If, following any concentration referred to in paragraph 1 of this Article, additional core_platform_services individually meet the thresholds in Article 3(2), point (b), the gatekeeper concerned shall inform the Commission thereof within 2 months from the implementation of the concentration and provide the Commission with the information referred to in Article 3(2).
4. The Commission shall inform the competent authorities of the Member States of any information received pursuant to paragraph 1 and publish annually the list of acquisitions of which it has been informed by gatekeepers pursuant to that paragraph.
The Commission shall take account of the legitimate interest of undertakings in the protection of their business secrets.
5. The competent authorities of the Member States may use the information received under paragraph 1 of this Article to request the Commission to examine the concentration pursuant to Article 22 of Regulation (EC) No 139/2004.
Article 27
Information by third parties
1. Any third party, including business_users, competitors or end-users of the core_platform_services listed in the designation decision pursuant to Article 3(9), as well as their representatives, may inform the national competent authority of the Member State, enforcing the rules referred to in Article 1(6), or the Commission directly, about any practice or behaviour by gatekeepers that falls within the scope of this Regulation.
2. The national competent authority of the Member State, enforcing the rules referred to in Article 1(6), and the Commission shall have full discretion as regards the appropriate measures and are under no obligation to follow-up on the information received.
3. Where the national competent authority of the Member State, enforcing the rules referred to in Article 1(6), determines, based on the information received pursuant to paragraph 1 of this Article, that there may be an issue of non-compliance with this Regulation, it shall transfer that information to the Commission.
whereas