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 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- 1 Article 21 Requests for information
- 2 Article 30 Fines
- 1 Article 40 The high-level group
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 32
- commission 29
- article 28
- information 25
- pursuant 21
- gatekeeper 19
- undertakings 18
- group 17
- request 16
- the 15
- within 14
- high-level 12
- decision 12
- fail 11
- number-independent_interpersonal_communications_services 11
- end-to-end 10
- provide 10
- necessary 10
- provided 9
- end_users 9
- between 9
- european 9
- interoperability 9
- association 8
- individual 8
- regulation 8
- time 8
- such 8
- supply 8
- from 7
- fines 7
- incomplete 7
- incorrect 7
- data 7
- misleading 7
- members 7
- required 6
- fine 6
- have 6
- paragraph 6
- limit 6
- comply 6
- payment 6
- services 6
- functionalities 6
- requested 5
- basic 5
- offer 5
- worldwide 5
- which 5
Article 7
Obligation for gatekeepers on interoperability of number-independent_interpersonal_communications_services
1. Where a gatekeeper provides number-independent_interpersonal_communications_services that are listed in the designation decision pursuant to Article 3(9), it shall make the basic functionalities of its number-independent_interpersonal_communications_services interoperable with the number-independent_interpersonal_communications_services of another provider offering or intending to offer such services in the Union, by providing the necessary technical interfaces or similar solutions that facilitate interoperability, upon request, and free of charge.
2. The gatekeeper shall make at least the following basic functionalities referred to in paragraph 1 interoperable where the gatekeeper itself provides those functionalities to its own end_users:
| (a) | following the listing in the designation decision pursuant to Article 3(9):
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| (b) | within 2 years from the designation:
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| (c) | within 4 years from the designation:
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3. The level of security, including the end-to-end encryption, where applicable, that the gatekeeper provides to its own end_users shall be preserved across the interoperable services.
4. The gatekeeper shall publish a reference offer laying down the technical details and general terms and conditions of interoperability with its number-independent_interpersonal_communications_services, including the necessary details on the level of security and end-to-end encryption. The gatekeeper shall publish that reference offer within the period laid down in Article 3(10) and update it where necessary.
5. Following the publication of the reference offer pursuant to paragraph 4, any provider of number-independent_interpersonal_communications_services offering or intending to offer such services in the Union may request interoperability with the number-independent_interpersonal_communications_services provided by the gatekeeper. Such a request may cover some or all of the basic functionalities listed in paragraph 2. The gatekeeper shall comply with any reasonable request for interoperability within 3 months after receiving that request by rendering the requested basic functionalities operational.
6. The Commission may, exceptionally, upon a reasoned request by the gatekeeper, extend the time limits for compliance under paragraph 2 or 5 where the gatekeeper demonstrates that this is necessary to ensure effective interoperability and to maintain the necessary level of security, including end-to-end encryption, where applicable.
7. The end_users of the number-independent_interpersonal_communications_services of the gatekeeper and of the requesting provider of number-independent_interpersonal_communications_services shall remain free to decide whether to make use of the interoperable basic functionalities that may be provided by the gatekeeper pursuant to paragraph 1.
8. The gatekeeper shall collect and exchange with the provider of number-independent_interpersonal_communications_services that makes a request for interoperability only the personal data of end_users that is strictly necessary to provide effective interoperability. Any such collection and exchange of the personal data of end_users shall fully comply with Regulation (EU) 2016/679 and Directive 2002/58/EC.
9. The gatekeeper shall not be prevented from taking measures to ensure that third-party providers of number-independent_interpersonal_communications_services requesting interoperability do not endanger the integrity, security and privacy of its services, provided that such measures are strictly necessary and proportionate and are duly justified by the gatekeeper.
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 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.
Article 40
The high-level group
1. The Commission shall establish a high-level group for the Digital Markets Act (‘the high-level group’).
2. The high-level group shall be composed of the following European bodies and networks:
| (a) | Body of the European Regulators for Electronic Communications; |
| (b) | European Data Protection Supervisor and European Data Protection Board; |
| (c) | European Competition Network; |
| (d) | Consumer Protection Cooperation Network; and |
| (e) | European Regulatory Group of Audiovisual Media Regulators. |
3. The European bodies and networks referred to in paragraph 2 shall each have an equal number of representatives in the high-level group. The maximum number of members of the high-level group shall not exceed 30.
4. The Commission shall provide secretariat services to the high-level group in order to facilitate its work. The high-level group shall be chaired by the Commission, which shall participate in its meetings. The high-level group shall meet upon request of the Commission at least once per calendar year. The Commission shall also convene a meeting of the group when so requested by the majority of the members composing the group in order to address a specific issue.
5. The high-level group may provide the Commission with advice and expertise in the areas falling within the competences of its members, including:
| (a) | advice and recommendations within their expertise relevant for any general matter of implementation or enforcement of this Regulation; or |
| (b) | advice and expertise promoting a consistent regulatory approach across different regulatory instruments. |
6. The high-level group may, in particular, identify and assess the current and potential interactions between this Regulation and the sector-specific rules applied by the national authorities composing the European bodies and networks referred to in paragraph 2 and submit an annual report to the Commission presenting such assessment and identifying potential trans-regulatory issues. Such report may be accompanied by recommendations aiming at converging towards consistent transdisciplinary approaches and synergies between the implementation of this Regulation and other sectoral regulations. The report shall be communicated to the European Parliament and to the Council.
7. In the context of market investigations into new services and new practices, the high-level group may provide expertise to the Commission on the need to amend, add or remove rules in this Regulation, to ensure that digital markets across the Union are contestable and fair.
whereas