New rules for gatekeepers
The DMA defines new rules for large online platforms (“gatekeepers”). They now have to:
ensure that unsubscribing from core platform services is just as easy as subscribing
ensure that the basic functionalities of instant messaging services are interoperable, i.e. enable users to exchange messages, send voice messages or files across messaging apps
give business users access to their marketing or advertising performance data on the platform
inform the European Commission of their acquisitions and mergers
But they can no longer:
rank their own products or services higher than those of others (self-preferencing)
pre-install certain apps or software, or prevent users from easily un-installing these apps or software
require the most important software (e.g. web browsers) to be installed by default when installing an operating system
prevent developers from using third-party payment platforms for app sales
reuse private data collected during a service for the purposes of another service
If a large online platform is identified as a gatekeeper, it will have to comply with the rules of the DMA within six months.
If a gatekeeper violates the rules laid down in the DMA, it risks a fine of up to 10% of its total worldwide turnover. For a repeat offence, a fine of up to 20% of its worldwide turnover may be imposed.
If a gatekeeper systematically fails to comply with the DMA, i.e. it violates the rules at least three times in eight years, the European Commission can open a market investigation and, if necessary, impose behavioural or structural remedies.
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