The EU Digital Markets Act (DMA): EU Law to Ensure Fair and Open Digital Markets

What is the EU Digital Markets Act (DMA)?

The EU Digital Markets Act (DMA) is a new law that aims to make digital markets in the European Union fairer and more contestable. It was adopted by the European Parliament and the Council on September 14, 2022, and entered into force on November 1, 2022. It became applicable on May 2, 2023.

The DMA applies to large online platforms in the digital sector, known as "gatekeepers." Gatekeepers are defined as companies that:

• Have a strong economic position in the internal market
• Have a significant impact on the internal market
• Are entrenched and durable
• Act as an important gateway for businesses to reach consumers
  

What are the benefits of the DMA?

The DMA is expected to have a number of benefits for consumers and businesses, including:

• Increased competition in digital markets in the digital sector, which could lead to lower prices and more innovation
• More choice for consumers, as they will be able to more easily switch between different platforms and services
• More opportunities for small businesses to compete with large online platforms
• A more fair and level playing field for all businesses in the digital economy
  

Who are the DMA designated gatekeepers?

The DMA applies to large online platforms, also known as "gatekeepers." Gatekeepers are platforms that have a significant impact on the internal market, provide core platform services, and enjoy an entrenched and durable position. Some examples of gatekeepers include Google, Amazon, Apple, Meta, and Microsoft.

The DMA imposes a number of obligations on gatekeepers, including:

• Ensuring fair access to their platforms: Gatekeepers must allow business users and consumers to access their platforms and services on fair, reasonable, and non-discriminatory terms.
• Not self-preferencing their own products and services: Gatekeepers must not give preferential treatment to their own products and services over those of their competitors.
• Allowing users to uninstall pre-installed apps: Gatekeepers must allow users to uninstall pre-installed apps on their devices.
• Allowing users to choose their preferred browser and other default apps: Gatekeepers must allow users to choose their preferred browser and other default apps on their devices.
• Providing users with access to their data: Gatekeepers must provide users with access to their data and allow them to transfer it to other platforms.

The DMA also prohibits gatekeepers from engaging in certain anti-competitive practices, such as:

• Preventing users from uninstalling apps or changing their default apps: Gatekeepers are prohibited from preventing users from uninstalling apps or changing their default apps.
• Tying their own products and services together: Gatekeepers are prohibited from tying their own products and services together, such as forcing users to purchase one product or service in order to use another.
• Self-preferencing their own products and services in search results: Gatekeepers are prohibited from giving preferential treatment to their own products and services in search results.
  

What are the DMA key takeaways?

The DMA key takeaways are:

• The DMA is a new EU law that aims to make digital markets fairer and more contestable.
• It applies to large online platforms, known as "gatekeepers."
• Gatekeepers are defined as companies that have a strong economic position, a significant impact on the internal market, are entrenched and durable, and act as an important gateway for businesses to reach consumers.
• The DMA imposes a number of obligations on gatekeepers, including allowing users to uninstall pre-installed apps, choose their own default apps, easily access and transfer their data, and communicate with other users through rival messaging services.
• The DMA also prohibits gatekeepers from engaging in certain unfair practices, such as preventing users from uninstalling pre-installed apps, requiring users to create an account with the gatekeeper in order to use other services, and tying different products or services together.
• The DMA is enforced by the European Commission, which has the power to impose fines of up to 10% of a company's global turnover for violations of the law.

The DMA is a significant piece of legislation that is expected to have a major impact on the digital economy in the EU. It is the first law of its kind in the world, and it is being closely watched by other countries that are considering similar legislation.

The DMA key takeaways are important for businesses and consumers because they provide a new framework for regulating digital markets. The DMA is expected to increase competition, promote innovation, and give consumers more choices.

What does the DMA mean for you?

If you are a consumer, the DMA means that you will have more control over your data and your digital experience. You will be able to choose which apps and services you want to use, and you will be able to uninstall pre-installed apps. You will also have the right to access your data and transfer it to other platforms.

If you are a business, the DMA means that you will have a fairer chance to compete with the big tech companies. Gatekeepers will no longer be able to self-preference their own products and services, or to engage in other anti-competitive practices. This will create a more level playing field for all businesses, and it will lead to more innovation and choice for consumers.

If you're concerned about privacy, the DMA could help to protect your data. For example, gatekeepers will be required to provide users with access to their data and allow them to transfer it to other platforms.

How the DMA will change the digital landscape in the EU

The DMA is expected to have a significant impact on the digital landscape in the EU. It is likely to lead to more competition, innovation, and choice for consumers.

One of the most significant impacts of the DMA is that it will make it easier for new businesses to enter the market and compete with gatekeepers. Gatekeepers will no longer be able to use their market power to stifle competition.

The DMA is also expected to lead to more innovation in the digital market. Gatekeepers will be under more pressure to innovate in order to compete with each other and with new entrants to the market.

Finally, the DMA is expected to give consumers more choice and control over their online experience. Consumers will be able to choose how their data is used and which platforms and services they want to use.

What is the Digital Markets Act compared with the Digital Services Act (DSA)?

The Digital Markets Act (DMA) and the Digital Services Act (DSA) are two new EU competition laws that aim to regulate the digital economy. The DMA is focused on competition and antitrust issues, while the DSA is focused on protecting users from harmful and illegal content and services.

The DMA applies to large online platforms, known as "gatekeepers," which are defined as companies that have a strong economic position, a significant impact on the internal market, are entrenched and durable, and act as an important gateway for businesses to reach consumers.

The DSA applies to all online services that are established in the EU or that offer services to EU users. This includes a wide range of services, such as social media platforms, online search engines, online marketplaces, and app stores.

Final Thoughts

The DMA is a positive step towards a more fairer and more competitive digital market. By creating a level playing field for businesses and giving consumers more control over their data, the DMA can help to boost innovation, protect consumers, and promote economic growth.