The Digital Markets Act (DMA) is the EU Regulation that addresses the power of large digital platforms acting as gatekeepers.
The DMA is already in force and applicable. Its obligations aim to make digital markets more open, contestable and fair for business users and consumers. Official information is available on the European Commission Digital Markets Act page.
Unlike the DSA, which focuses on safety, transparency and accountability for digital services, the DMA mainly targets large platforms with structural market power.
In this article we will discuss...
What is a gatekeeper?
A gatekeeper is a company that provides core platform services and has a significant position allowing it to act as a gateway between business users and end users.
The European Commission designates gatekeepers when they meet certain economic, user and market-presence thresholds. Core platform services may include:
- Online intermediation services.
- Online search engines.
- Online social networks.
- Interpersonal communication services.
- Operating systems.
- Web browsers.
- Virtual assistants.
- Online advertising services.
- Video-sharing platform services.
Main DMA obligations
The DMA imposes direct obligations on gatekeepers. Among other duties, they must:
- Enable greater interoperability and data portability.
- Avoid unfairly favouring their own services over third-party services.
- Allow business users to access certain data generated through their activity on the platform.
- Make it easier to uninstall pre-installed applications where applicable.
- Not prevent users from contracting or communicating outside the platform.
- Provide more transparency in advertising and measurement.
Practices restricted by the DMA
The Regulation limits practices such as self-preferencing, certain restrictions on business users, unjustified blocking of access to data, closed digital ecosystem conditions and combining personal data across services without meeting legal requirements.
Why it matters for companies
Although the DMA mainly targets large platforms, it indirectly affects many companies that sell, advertise, distribute apps, provide digital services or depend on marketplaces, search engines, app stores or social networks.
Companies should review their contracts, platform dependencies, data strategies, digital advertising, alternative sales channels and rights against gatekeepers. The DMA can create opportunities, but it also requires a clear understanding of the rules governing the digital ecosystem.
Relationship with GDPR and DSA
The DMA works alongside the GDPR and the DSA. In practice, many decisions on advertising, profiling, data combination, consent, transparency and user rights should be assessed together.
A coordinated legal review helps reduce risk and make better use of the changes introduced by EU digital regulation.
Auratech can help you assess the impact of the DMA on your digital business.