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 5 Obligations for gatekeepers
- 2 Article 30 Fines
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 30
- article 27
- pursuant 20
- shall 17
- information 16
- commission 13
- services 13
- from 12
- each 12
- fail 11
- including 11
- the 11
- core_platform_services 10
- end_users 10
- relevant 9
- decision 8
- undertakings 8
- data 7
- payment 7
- provide 7
- consent 7
- business_users 7
- advertiser 7
- deductions 6
- which 6
- publisher 6
- fine 6
- association 6
- within 6
- surcharges 6
- personal 6
- online 6
- fines 5
- supply 5
- incomplete 5
- preceding 5
- turnover 5
- misleading 5
- worldwide 5
- financial 5
- require 5
- year 5
- incorrect 5
- through 5
- comply 5
- advertising 5
- charge 5
- provided 5
- free 5
- access 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 30
Fines
1. In the non-compliance decision, the Commission may impose on a gatekeeper fines not exceeding 10 % of its total worldwide turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
| (a) | any of the obligations laid down in Articles 5, 6 and 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. |
2. Notwithstanding paragraph 1 of this Article, in the non-compliance decision the Commission may impose on a gatekeeper fines up to 20 % of its total worldwide turnover in the preceding financial year where it finds that a gatekeeper has committed the same or a similar infringement of an obligation laid down in Article 5, 6 or 7 in relation to the same core_platform_service as it was found to have committed in a non-compliance decision adopted in the 8 preceding years.
3. The Commission may adopt a decision, imposing on undertakings, including gatekeepers where applicable, and associations of undertakings, fines not exceeding 1 % of their total worldwide turnover in the preceding financial year where they intentionally or negligently:
| (a) | fail to provide within the time limit information that is required for assessing their designation as gatekeepers pursuant to Article 3 or supply incorrect, incomplete or misleading information; |
| (b) | fail to comply with the obligation to notify the Commission according to Article 3(3); |
| (c) | fail to notify information or supply incorrect, incomplete or misleading information that is required pursuant to Article 14; |
| (d) | fail to submit the description or supply incorrect, incomplete or misleading information that is required pursuant to Article 15; |
| (e) | fail to provide access to data, algorithms or information about testing in response to a request made pursuant to Article 21(3); |
| (f) | fail to supply the information requested within the time limit fixed pursuant to Article 21(3) or supply incorrect, incomplete or misleading information or explanations that are requested pursuant to Article 21 or given in an interview pursuant to Article 22; |
| (g) | fail to rectify within a time limit set by the Commission, incorrect, incomplete or misleading information given by a representative or a member of staff, or fail or refuse to provide complete information on facts relating to the subject-matter and purpose of an inspection, pursuant to Article 23; |
| (h) | refuse to submit to an inspection pursuant to Article 23; |
| (i) | fail to comply with the obligations imposed by the Commission pursuant to Article 26; |
| (j) | fail to introduce a compliance function in accordance with Article 28; or |
| (k) | fail to comply with the conditions for access to the Commission’s file pursuant to Article 34(4). |
4. In fixing the amount of a fine, the Commission shall take into account the gravity, duration, recurrence, and, for fines imposed pursuant to paragraph 3, delay caused to the proceedings.
5. When a fine is imposed on an association of undertakings taking account of the worldwide turnover of its members and that association is not solvent, it shall be obliged to call for contributions from its members to cover the amount of the fine.
Where such contributions have not been made to the association of undertakings within a time limit set by the Commission, the Commission may require payment of the fine directly by any of the undertakings whose representatives were members of the decision-making bodies concerned of that association.
After having required payment in accordance with the second subparagraph, the Commission may require payment of the balance by any of the members of the association of undertakings, where necessary to ensure full payment of the fine.
However, the Commission shall not require payment pursuant to the second or the third subparagraph from undertakings which show that they have not implemented the decision of the association of undertakings that infringed this Regulation, and either were not aware of its existence, or have actively distanced themselves from it before the Commission opened proceedings under Article 20.
The financial liability of each undertaking in respect of the payment of the fine shall not exceed 20 % of its total worldwide turnover in the preceding financial year.
whereas