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 (Digital Markets Act)
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
Article 2
Definitions
CHAPTER II
GATEKEEPERS
Article 3
Designation of gatekeepers
Article 4
Review of the status of gatekeeper
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
Article 5
Obligations for gatekeepers
Article 6
Obligations for gatekeepers susceptible of being further specified under Article 8
Article 7
Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
Article 8
Compliance with obligations for gatekeepers
Article 9
Suspension
Article 10
Exemption for grounds of public health and public security
Article 11
Reporting
Article 12
Updating obligations for gatekeepers
Article 13
Anti-circumvention
Article 14
Obligation to inform about concentrations
Article 15
Obligation of an audit
CHAPTER IV
MARKET INVESTIGATION
Article 16
Opening of a market investigation
Article 17
Market investigation for designating gatekeepers
Article 18
Market investigation into systematic non-compliance
Article 19
Market investigation into new services and new practices
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
Article 20
Opening of proceedings
Article 21
Requests for information
Article 22
Power to carry out interviews and take statements
Article 23
Powers to conduct inspections
Article 24
Interim measures
Article 25
Commitments
Article 26
Monitoring of obligations and measures
Article 27
Information by third parties
Article 28
Compliance function
Article 29
Non-compliance
Article 30
Fines
Article 31
Periodic penalty payments
Article 32
Limitation periods for the imposition of penalties
Article 33
Limitation periods for the enforcement of penalties
Article 34
Right to be heard and access to the file
Article 35
Annual reporting
Article 36
Professional secrecy
Article 37
Cooperation with national authorities
Article 38
Cooperation and coordination with national competent authorities enforcing competition rules
Article 39
Cooperation with national courts
Article 40
The high-level group
Article 41
Request for a market investigation
Article 42
Representative actions
Article 43
Reporting of breaches and protection of reporting persons
CHAPTER VI
FINAL PROVISIONS
Article 44
Publication of decisions
Article 45
Review by the Court of Justice
Article 46
Implementing provisions
Article 47
Guidelines
Article 48
Standardisation
Article 49
Exercise of the delegation
Article 50
Committee procedure
Article 51
Amendment to Directive (EU) 2019/1937
Article 52
Amendment to Directive (EU) 2020/1828
Article 53
Review
Article 54
Entry into force and application
ANNEX
A. ‘General’
B. ‘Active end users’
C. ‘Active business users’
D. ‘Submission of information’
E. ‘Specific definitions’
Core platform services |
Active end users |
Active business users |
Online intermediation services |
Number of unique end users who engaged with the online intermediation service at least once in the month for example through actively logging-in, making a query, clicking or scrolling or concluded a transaction through the online intermediation service at least once in the month. |
Number of unique business users who had at least one item listed in the online intermediation service during the whole year or concluded a transaction enabled by the online intermediation service during the year. |
Online search engines |
Number of unique end users who engaged with the online search engine at least once in the month, for example through making a query. |
Number of unique business users with business websites (i.e. website used in commercial or professional capacity) indexed by or part of the index of the online search engine during the year. |
Online social networking services |
Number of unique end users who engaged with the online social networking service at least once in the month, for example through actively logging-in, opening a page, scrolling, clicking, liking, making a query, posting or commenting. |
Number of unique business users who have a business listing or business account in the online social networking service and have engaged in any way with the service at least once during the year, for example through actively logging-in, opening a page, scrolling, clicking, liking, making a query, posting, commenting or using its tools for businesses. |
Video-sharing platform services |
Number of unique end users who engaged with the video-sharing platform service at least once in the month, for example through playing a segment of audiovisual content, making a query or uploading a piece of audiovisual content, notably including user-generated videos. |
Number of unique business users who provided at least one piece of audiovisual content uploaded or played on the video-sharing platform service during the year. |
Number-independent interpersonal communication services |
Number of unique end users who initiated or participated in any way in a communication through the number-independent interpersonal communication service at least once in the month. |
Number of unique business users who used a business account or otherwise initiated or participated in any way in a communication through the number-independent interpersonal communication service to communicate directly with an end user at least once during the year. |
Operating systems |
Number of unique end users who utilised a device with the operating system, which has been activated, updated or used at least once in the month. |
Number of unique developers who published, updated or offered at least one software application or software program using the programming language or any software development tools of, or running in any way on, the operating system during the year. |
Virtual assistant |
Number of unique end users who engaged with the virtual assistant in any way at least once in the month, such as for example through activating it, asking a question, accessing a service through a command or controlling a smart home device. |
Number of unique developers who offered at least one virtual assistant software application or a functionality to make an existing software application accessible through the virtual assistant during the year. |
Web browsers |
Number of unique end users who engaged with the web browser at least once in the month, for example through inserting a query or website address in the URL line of the web browser. |
Number of unique business users whose business websites (i.e. website used in commercial or professional capacity) have been accessed via the web browser at least once during the year or who offered a plug-in, extension or add-ons used on the web browser during the year. |
Cloud computing services |
Number of unique end users who engaged with any cloud computing services from the relevant provider of cloud computing services at least once in the month, in return for any type of remuneration, regardless of whether this remuneration occurs in the same month. |
Number of unique business users who provided any cloud computing services hosted in the cloud infrastructure of the relevant provider of cloud computing services during the year. |
Online advertising services |
For proprietary sales of advertising space: Number of unique end users who were exposed to an advertisement impression at least once in the month. For advertising intermediation services (including advertising networks, advertising exchanges and any other advertising intermediation services): Number of unique end users who were exposed to an advertisement impression which triggered the advertising intermediation service at least once in the month. |
For proprietary sales of advertising space: Number of unique advertisers who had at least one advertisement impression displayed during the year. For advertising intermediation services (including advertising networks, advertising exchanges and any other advertising intermediation services): Number of unique business users (including advertisers, publishers or other intermediators) who interacted via or were served by the advertising intermediation service during the year. |