# Digital Markets Act (DMA) – Regulation (EU) 2022/1925 URL: https://consilena.com/coverage/laws/stat_eu_32022r1925 - Jurisdiction: European Union - Type: Regulation - Short name: DMA - Identifier: 32022R1925 - Current as of: 12 October 2022 - Provisions: 54 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02022R1925-20221012 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter I – Subject matter, scope and definitions - **Art. 1 Subject matter and scope**: 1. The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonised rules ensuring for all… - **Art. 2 Definitions**: For the purposes of this Regulation, the following definitions apply: (1) ‘gatekeeper’ means an undertaking providing core platform services, designated… ### Chapter II – Gatekeepers - **Art. 3 Designation of gatekeepers**: 1. An undertaking shall be designated as a gatekeeper if: (a) it has a significant impact on the internal market; (b) it provides a core platform service which… - **Art. 4 Review of the status of gatekeeper**: 1. The Commission may, upon request or on its own initiative, reconsider, amend or repeal at any moment a designation decision adopted pursuant to Article 3… ### Chapter III – Practices of gatekeepers that limit contestability or are unfair - **Art. 5 Obligations for gatekeepers**: 1. The gatekeeper shall comply with all obligations set out in this Article with respect to each of its core platform services listed in the designation… - **Art. 6 Obligations for gatekeepers susceptible of being further specified under Article 8**: 1. The Gatekeeper shall comply with all obligations set out in this Article with respect to each of its core platform services listed in the designation… - **Art. 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services**: 1. Where a gatekeeper provides number-independent interpersonal communications services that are listed in the designation decision pursuant to Article 3(9)… - **Art. 8 Compliance with obligations for gatekeepers**: 1. The gatekeeper shall ensure and demonstrate compliance with the obligations laid down in Articles 5, 6 and 7 of this Regulation. The measures implemented by… - **Art. 9 Suspension**: 1. Where the gatekeeper demonstrates in a reasoned request that compliance with a specific obligation laid down in Article 5, 6 or 7 for a core platform… - **Art. 10 Exemption for grounds of public health and public security**: 1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, adopt an implementing act setting out its decision, to exempt… - **Art. 11 Reporting**: 1. Within 6 months after its designation pursuant to Article 3, and in accordance with Article 3(10), the gatekeeper shall provide the Commission with a report… - **Art. 12 Updating obligations for gatekeepers**: 1. The Commission is empowered to adopt delegated acts in accordance with Article 49 to supplement this Regulation with regard to the obligations laid down in… - **Art. 13 Anti-circumvention**: 1. An undertaking providing core platform services shall not segment, divide, subdivide, fragment or split those services through contractual, commercial… - **Art. 14 Obligation to inform about concentrations**: 1. A gatekeeper shall inform the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004, where the merging… - **Art. 15 Obligation of an audit**: 1. Within 6 months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any… ### Chapter IV – Market investigation - **Art. 16 Opening of a market investigation**: 1. When the Commission intends to carry out a market investigation with a view to the possible adoption of decisions pursuant to Articles 17, 18 and 19 it… - **Art. 17 Market investigation for designating gatekeepers**: 1. The Commission may conduct a market investigation for the purpose of examining whether an undertaking providing core platform services should be designated… - **Art. 18 Market investigation into systematic non-compliance**: 1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. The Commission… - **Art. 19 Market investigation into new services and new practices**: 1. The Commission may conduct a market investigation for the purpose of examining whether one or more services within the digital sector should be added to the… ### Chapter V – Investigative, enforcement and monitoring powers - **Art. 20 Opening of proceedings**: 1. Where the Commission intends to open proceedings with a view to the possible adoption of decisions pursuant to Articles 8, 29 and 30, it shall adopt a… - **Art. 21 Requests for information**: 1. In order to carry out its duties under this Regulation, the Commission may, by simple request or by decision, require from undertakings and associations of… - **Art. 22 Power to carry out interviews and take statements**: 1. In order to carry out its duties under this Regulation, the Commission may interview any natural or legal person which consents to being interviewed, for… - **Art. 23 Powers to conduct inspections**: 1. In order to carry out its duties under this Regulation, the Commission may conduct all necessary inspections of an undertaking or association of… - **Art. 24 Interim measures**: In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, the Commission may adopt an implementing… - **Art. 25 Commitments**: 1. If, during proceedings under Article 18, the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the… - **Art. 26 Monitoring of obligations and measures**: 1. The Commission shall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5, 6 and 7… - **Art. 27 Information by third parties**: 1. Any third party, including business users, competitors or end-users of the core platform services listed in the designation decision pursuant to Article… - **Art. 28 Compliance function**: 1. Gatekeepers shall introduce a compliance function, which is independent from the operational functions of the gatekeeper and composed of one or more… - **Art. 29 Non-compliance**: 1. The Commission shall adopt an implementing act setting out its finding of non-compliance (‘the non-compliance decision’) where it finds that a gatekeeper… - **Art. 30 Fines**: 1. In the non-compliance decision, the Commission may impose on a gatekeeper fines not exceeding 10 % of its total worldwide turnover in the preceding… - **Art. 31 Periodic penalty payments**: 1. The Commission may adopt a decision imposing on undertakings, including gatekeepers where applicable, and associations of undertakings periodic penalty… - **Art. 32 Limitation periods for the imposition of penalties**: 1. The powers conferred on the Commission by Articles 30 and 31 shall be subject to a 5 year limitation period. 2. Time shall begin to run on the day on which… - **Art. 33 Limitation periods for the enforcement of penalties**: 1. The power of the Commission to enforce decisions taken pursuant to Articles 30 and 31 shall be subject to a limitation period of 5 years. 2. Time shall… - **Art. 34 Right to be heard and access to the file**: 1. Before adopting a decision pursuant to Article 8, Article 9(1), Article 10(1), Articles 17, 18, 24, 25, 29 and 30 and Article 31(2), the Commission shall… - **Art. 35 Annual reporting**: 1. The Commission shall submit to the European Parliament and to the Council an annual report on the implementation of this Regulation and the progress made… - **Art. 36 Professional secrecy**: 1. The information collected pursuant to this Regulation shall be used for the purposes of this Regulation. 2. The information collected pursuant to Article 14… - **Art. 37 Cooperation with national authorities**: 1. The Commission and Member States shall work in close cooperation and coordinate their enforcement actions to ensure coherent, effective and complementary… - **Art. 38 Cooperation and coordination with national competent authorities enforcing competition rules**: 1. The Commission and the national competent authorities of the Member States enforcing the rules referred to in Article 1(6) shall cooperate with each other… - **Art. 39 Cooperation with national courts**: 1. In proceedings for the application of this Regulation, national courts may ask the Commission to transmit to them information in its possession or its… - **Art. 40 The high-level group**: 1. The Commission shall establish a high-level group for the Digital Markets Act (‘the high-level group’). 2. The high-level group shall be composed of the… - **Art. 41 Request for a market investigation**: 1. Three or more Member States may request the Commission to open a market investigation pursuant to Article 17 because they consider that there are reasonable… - **Art. 42 Representative actions**: Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements by gatekeepers of provisions of this Regulation that harm or… - **Art. 43 Reporting of breaches and protection of reporting persons**: Directive (EU) 2019/1937 shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. ### Chapter VI – Final provisions - **Art. 44 Publication of decisions**: 1. The Commission shall publish the decisions which it takes pursuant to Articles 3 and 4, Article 8(2), Articles 9, 10, 16 to 20 and 24, Article 25(1)… - **Art. 45 Review by the Court of Justice**: In accordance with Article 261 TFEU, the Court of Justice has unlimited jurisdiction to review decisions by which the Commission has imposed fines or periodic… - **Art. 46 Implementing provisions**: 1. The Commission may adopt implementing acts laying down detailed arrangements for the application of the following: (a) the form, content and other details… - **Art. 47 Guidelines**: The Commission may adopt guidelines on any of the aspects of this Regulation in order to facilitate its effective implementation and enforcement. - **Art. 48 Standardisation**: Where appropriate and necessary, the Commission may mandate European standardisation bodies to facilitate the implementation of the obligations set out in this… - **Art. 49 Exercise of the delegation**: 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts… - **Art. 50 Committee procedure**: 1. The Commission shall be assisted by a committee (‘the Digital Markets Advisory Committee’). That committee shall be a committee within the meaning of… - **Art. 51 Amendment to Directive (EU) 2019/1937**: In Point J of Part I of the Annex to Directive (EU) 2019/1937, the following point is added: ‘(iv) Regulation (EU) 2022/1925 of the European Parliament and of… - **Art. 52 Amendment to Directive (EU) 2020/1828**: In Annex I to Directive (EU) 2020/1828, the following point is added: ‘(67) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14… - **Art. 53 Review**: 1. By 3 May 2026, and subsequently every 3 years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the… - **Art. 54 Entry into force and application**: This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32022r1925. Index of every page: https://consilena.com/llms.txt.