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 13 Anti-circumvention
- 1 Article 15 Obligation of an audit
- 1 Article 46 Implementing provisions
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
- article 21
- shall 17
- pursuant 13
- gatekeeper 13
- commission 11
- and 10
- implementing 9
- the 8
- referred 7
- arrangements 7
- content 6
- articles 6
- form 6
- data 6
- details 6
- provided 5
- undertaking 5
- practical 5
- description 5
- consent 4
- business_users 4
- protection 4
- down 4
- core_platform_services 4
- audited 4
- article 4
- procedure 4
- technical 4
- obligations 3
- providing 3
- adopt 3
- articles 3
- proceedings 3
- compliance 3
- make 3
- choices 3
- rights 3
- techniques 3
- manner 3
- ensure 3
- european 3
- required 3
- order 3
- laid 3
- paragraph 3
- practice 3
- overview 2
- take 2
- submissions 2
- under 2
Article 13
Anti-circumvention
1. An undertaking providing core_platform_services shall not segment, divide, subdivide, fragment or split those services through contractual, commercial, technical or any other means in order to circumvent the quantitative thresholds laid down in Article 3(2). No such practice of an undertaking shall prevent the Commission from designating it as a gatekeeper pursuant to Article 3(4).
2. The Commission may, when it suspects that an undertaking providing core_platform_services is engaged in a practice laid down in paragraph 1, require from that undertaking any information that it deems necessary to determine whether that undertaking has engaged in such a practice.
3. The gatekeeper shall ensure that the obligations of Articles 5, 6 and 7 are fully and effectively complied with.
4. The gatekeeper shall not engage in any behaviour that undermines effective compliance with the obligations of Articles 5, 6 and 7 regardless of whether that behaviour is of a contractual, commercial or technical nature, or of any other nature, or consists in the use of behavioural techniques or interface design.
5. Where consent for collecting, processing, cross-using and sharing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps either to enable business_users to directly obtain the required consent to their processing, where that consent is required under Regulation (EU) 2016/679 or Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways, including by providing business_users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of that consent by the business_user more burdensome than for its own services.
6. The gatekeeper shall not degrade the conditions or quality of any of the core_platform_services provided to business_users or end_users who avail themselves of the rights or choices laid down in Articles 5, 6 and 7, or make the exercise of those rights or choices unduly difficult, including by offering choices to the end-user in a non-neutral manner, or by subverting end_users’ or business_users' autonomy, decision-making, or free choice via the structure, design, function or manner of operation of a user interface or a part thereof.
7. Where the gatekeeper circumvents or attempts to circumvent any of the obligations in Article 5, 6, or 7 in a manner described in paragraphs 4, 5 and 6 of this Article, the Commission may open proceedings pursuant to Article 20 and adopt an implementing act referred to in Article 8(2) in order to specify the measures that the gatekeeper is to implement.
8. Paragraph 6 of this Article is without prejudice to the powers of the Commission under Articles 29, 30 and 31.
Article 15
Obligation of an audit
1. Within 6 months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core_platform_services listed in the designation decision pursuant to Article 3(9). The Commission shall transmit that audited description to the European Data Protection Board.
2. The Commission may adopt an implementing act referred to in Article 46(1), point (g), to develop the methodology and procedure of the audit.
3. The gatekeeper shall make publicly available an overview of the audited description referred to in paragraph 1. In doing so, the gatekeeper shall be entitled to take account of the need to respect its business secrets. The gatekeeper shall update that description and that overview at least annually.
CHAPTER IV
MARKET INVESTIGATION
Article 46
Implementing provisions
1. The Commission may adopt implementing acts laying down detailed arrangements for the application of the following:
| (a) | the form, content and other details of notifications and submissions pursuant to Article 3; |
| (b) | the form, content and other details of the technical measures that gatekeepers shall implement in order to ensure compliance with Article 5, 6 or 7; |
| (c) | operational and technical arrangements in view of implementing interoperability of number-independent_interpersonal_communications_services pursuant to Article 7; |
| (d) | the form, content and other details of the reasoned request pursuant to Article 8(3); |
| (e) | the form, content and other details of the reasoned requests pursuant to Articles 9 and 10; |
| (f) | the form, content and other details of the regulatory reports delivered pursuant to Article 11; |
| (g) | the methodology and procedure for the audited description of techniques used for profiling of consumers provided for in Article 15(1); when developing a draft implementing act for this purpose, the Commission shall consult the European Data Protection Supervisor and may consult the European Data Protection Board, civil society and other relevant experts; |
| (h) | the form, content and other details of notifications and submissions made pursuant to Articles 14 and 15; |
| (i) | the practical arrangements of the proceedings concerning the market investigations pursuant to Articles 17, 18 and 19, and proceedings pursuant to Articles 24, 25 and 29; |
| (j) | the practical arrangements for exercising rights to be heard provided for in Article 34; |
| (k) | the practical arrangements for the terms of disclosure provided for in Article 34; |
| (l) | the practical arrangements for the cooperation and coordination between the Commission and national authorities provided for in Articles 37 and 38; and |
| (m) | the practical arrangements for the calculation and extension of deadlines. |
2. The implementing acts referred to in paragraph 1, points (a) to (k), and point (m) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
The implementing act referred to in paragraph 1, point (l), of this Article shall be adopted in accordance with the examination procedure referred to in Article 50(3).
3. Before the adoption of any implementing act pursuant to paragraph 1, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within a time limit, which may not be less than one month.
whereas