What is European Union’s Digital Markets Act (DMA)?

March 26, 2024

Apple, Alphabet’s Google and Meta Platforms will be investigated for potential breaches of the EU’s new Digital Markets Act, European antitrust regulators said recently.

About Digital Markets Act (DMA): 

  • It is the EU’s law to make the markets in the digital sector fairer and more contestable. It aims to create a safer internet, empower citizens, enhance consumer protections and foster higher-quality digital services.
  • In order to do so, the DMA establishes a set of clearly defined objective criteria to identify “gatekeepers”.
    • Gatekeepers are large digital platforms providing so-called core platform services, such as online search engines, app stores, and messenger services. 
    • Gatekeepers will have to comply with the do’s (i.e., obligations) and don’ts (i.e., prohibitions) listed in the DMA.
    • The DMA is one of the first regulatory tools to comprehensively regulate the gatekeeper power of the largest digital companies.
  • Key Measures:
    • Tighter restrictions on how digital gatekeepers can use people’s data—users must give their explicit consent for their activities to be tracked for advertising purposes.
    • Messaging services and social media platforms teaming up and sharing users. This could mean, for example, Meta-owned WhatsApp users being able to send messages directly to a completely different messaging service, such as Telegram.
    • Presenting users with the option to uninstall preloaded applications on devices.
    • Gatekeepers are banned from ranking their own products or services higher than others in online searches.
  • The DMA complements, but does not change EU competition rules, which continue to apply fully.