Quick Legal Orientation

Enforcement: Fines up to 10% of global turnover, 20% for repeat infringements.

• Article 5 → Self-executing obligations (no justification allowed)
• Article 6 → Susceptible to specification by the Commission
• Article 7 → Interoperability obligations for messaging services

DMA “Don’ts” (Prohibitions) - Art 5 & 6

1. No combining personal data across services - art 5(2)
   Gatekeepers may not combine personal data from different core platform services (or third parties) without valid user consent.
2. No preventing business users from offering better deals elsewhere - 5(3)
   Business users = free to offer different prices or conditions outside the gatekeeper’s platform.
3. No restricting communication with customers - 5(4)
   Gatekeepers cannot stop business users from communicating with or marketing to their customers outside the platform.
4. No preventing from offering the same products or services to end users through other channels, at different prices or conditions, including outside the gatekeeper’s platform - 5(5)
5. No retaliation against complaints - 5(6)
   Gatekeepers must not retaliate against users or businesses that raise concerns with regulators.
6. No forcing sign-up to other services - 5(7)
   Users must not be required to subscribe to or register with another gatekeeper service to access a core service.
7. No tying or bundling of core platform services - 5(8)
   One core platform service cannot be made conditional on using another.
8. No preventing uninstallation of pre-installed apps - 6(3)
   Users must be able to uninstall pre-installed software easily.
9. No blocking alternative app stores or payment systems - 6(4)
   Gatekeepers cannot restrict the use of third-party app stores or in-app payment mechanisms.
10. No self-preferencing in rankings - 6(5)
    Gatekeepers may not rank their own products or services more favourably than those of third parties.
11. Catch-all prohibition to restrict the switching of users - 6(6)
    “The gatekeeper shall not restrict technically or otherwise the ability of end users to switch between, and subscribe to, different software applications and services that are accessed using the core platform services of the gatekeeper”
12. No forcing proprietary identification services, browser engines or payment services - 6(7)
    Business users cannot be required to use the gatekeeper’s identity or login services.

DMA “Do’s” (Positive Obligations) - Art 6, 7 & 14

1. Allow users to choose default apps freely - 6(3)
   Users must be able to easily change default browsers, search engines, assistants, etc.
2. Ensure interoperability for hardware and software features - 6(7)
   Developers must be able to access hardware and software features (e.g., NFC, sensors) on fair terms.
   Vertical interoperability = interoperability with ad-ons and apps, app stores
3. Enable effective data portability - 6(9) & 6(10)
   Users can port their data easily & effectively. Continuous (ie. dynamic portability) access where feasible.
4. Provide access to performance and usage data - 6(10)
   Business users and advertisers must get free access to relevant data, aggregated and non-aggregated.
5. Allow interoperability with third-party services - 7(1) - (3)
   Gatekeepers must enable interoperability, especially for messaging and communication services.
   Horizontal portability = between competitors
6. Provide fair, reasonable, and non-discriminatory access (FRAND) conditions - 6(12)
   Access conditions for app stores, search engines, and platforms must be transparent and fair.
7. Allow third-party software and app installation - 6(4)
   Users must be able to install apps and software from third-party sources.
8. Give business users access to their own generated data - 6(10)
   Data generated through platform activity must be accessible to the businesses involved.
9. Provide transparency on rankings - 6(11)
   Gatekeepers must explain the main parameters used for rankings and recommendations.
10. Inform the Commission of mergers and acquisitions - 14
    Gatekeepers must notify the European Commission of all acquisitions in the digital sector.