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THE SIX GATEKEEPERS MUST COMPLY WITH THE DIGITAL MARKETS LAW AS OF TODAY​

These are the six major platforms considered 'gatekeepers' and the most important services they offer / Infographics: European Commission

THE SIX GATEKEEPERS MUST COMPLY WITH THE DIGITAL MARKETS LAW AS OF TODAY

By Aquí Europa

As of today, March 7, 2024, Apple, Alphabet, Meta, Amazon, Microsoft and ByteDance, the six gatekeepers appointed by the European Commission in September 2023, must fully comply with all obligations under the Digital Markets Act (DMA).

(For the Commission, gatekeepers are the large technology companies that act as key gateways between businesses and consumers by providing core platform services.)

As reported today by the Commission, the DMA aims to make EU digital markets more competitive and fair. It establishes new rules for 10 defined core platform services, such as search engines, online marketplaces, app stores, advertising and online messaging, and grants new rights to European businesses and end-users.

EU-based business users that rely on the services offered by the six gatekeepers to reach their customers will enjoy new opportunities starting today. For example, business users will be able to:

  • Benefit from a fair and level playing field when competing with gatekeeper services on their platforms.
  • Request interoperability with gatekeeper services to offer new innovative services.
  • Sell their applications through alternative channels other than gatekeeper app stores.
  • Access data generated by your activities on gatekeeper platforms.
  • Promote offers and enter into contracts with customers outside the gatekeeper’s platform.
End users will benefit from more choice and innovation in the digital space in Europe. They will be able to:
 
  • Reclaim their power of choice and not be trapped in the gatekeepers’ default options, e.g. by choosing alternative app stores and services to those offered by the gatekeepers.
  • Gain better control over your data by being able to decide whether the gatekeeper can link your accounts and thus track and combine your personal data across different services.
  • Easily obtain, transfer and use data from one service or application to another, allowing you to seamlessly back up data and move between different services.
  • Use alternative electronic identification or payment services within the application.  
The gatekeepers began testing measures to comply with the DMA ahead of the deadline, which generated feedback from third parties.As of today, gatekeepers must demonstrate their effective compliance with the DMA and describe the measures taken in compliance reports. The public version of these reports is available on the Commission’s dedicated WFD website. Today, designated gatekeepers are also required to submit to the Commission an independently audited description of any techniques used to profile consumers, together with a non-confidential version of the report.
 
The Commission will now carefully analyze the compliance reports and assess whether the measures implemented are effective in achieving the objectives of the relevant obligations under the WFD. The Commission’s assessment will also be based on input from stakeholders, including in the context of compliance workshops, where keepers are invited to present their solutions.
 
The Commission will not hesitate to take formal enforcement action, using all the tools at its disposal to fully enforce the WFD.
 
If the Commission suspects an infringement of the WFD, it may open a procedure to investigate the possible infringement. In the event of an infringement, the Commission can impose fines of up to 10% of the company’s total worldwide turnover, which can go up to 20% in the event of a repeat offence. In addition, in case of systemic breaches, the Commission is also empowered to adopt additional remedies, such as forcing the gatekeeper to sell a company or parts of it or prohibiting it from acquiring additional services related to the systemic breach.
 
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This text was originally published in Aquí Europa, with whose permission we reproduce it.

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