The Digital Markets Act[1] (DMA) was published in the Official Journal of the European Union on 12 October 2022 and entered into force on 1 November 2022. The provisions of the DMA will become directly applicable in Member States as of 2 May 2023.
The DMA and the Digital Services Act (DSA) represent a comprehensive regulatory framework for digital services, including social media, online marketplaces and other online platforms operating in the European Union. The DMA aims to ensure transparency in the digital sector and fair access to digital services for the users. The DMA will apply to undertakings recognised as gatekeepers in accordance with the requirements laid down in the Regulation, i.e. undertakings that:
a) have a significant impact on the internal market;
b) provide a core platform service being an important gateway through which business users reach end users;
c) have an entrenched and durable position in terms of their business or foreseeably enjoy such a position in the near future.
An undertaking listed as a gatekeeper in the Commission’s designation decision will need to comply with the recommendations and prohibitions laid down in the DMA within 6 months.
More details:
- the Digital Markets Act:
https://ec.europa.eu/commission/presscorner/detail/pl/QANDA_20_2349
- the full text of the Digital Markets Act:
https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX:32022R1925
[1] Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828. DMA od Digital Markets Act