European Parliament
adopts Digital Markets Act
On 5 July 2022
the European Parliament formally adopted the Regulation on contestable and fair
markets in the digital sector (Digital Markets Act (DMA))
The DMA was
proposed by the European Commission in December 2020. The legislation is aimed at tackling the effects
of practices by certain platforms acting as digital gatekeepers in the single
market. It provides for a system of ex ante
regulation and market investigations.
The entities
designated as gatekeepers must allow:
1)
Third
parties to interoperate with their own services
2)
Business
users to access the data they generate in the gatekeeper's platform, to promote
their own offers and conclude contracts with their customers outside the
gatekeeper's platforms.
Gatekeepers will
be prohibited from:
1)
Ranking
their own services or products more favourably (self-preferencing) than third
parties on their platforms
2)
Preventing
users from easily uninstalling pre-loaded software or using third party apps and
app stores
3)
Processing
users’ personal data for targeted advertising without explicit consent.
Fines of up to
10% of a gatekeeper's total worldwide turnover may be imposed by the Commission
(20% for recidivism).
Once formally
adopted by the Council, expected later in July, the DMA will be published in
the EU Official Journal and enter into force 20 days later.
The obligations
under the DMA will take effect 6 months after its entry into force.
Enforcement
will be key to the success of the DMA. The Commission is known to be on a huge
recruitment drive. This is not simply a question of increased numbers of staff
but having the right skills and expertise, legal, policy economics and business,
in what is a dynamic area.
https://www.europarl.europa.eu/doceo/document/TA-9-2022-0270_EN.html
No comments:
Post a Comment