DMA – Digital Markets Act

Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act)

In Force Effective: 02/05/2023 EU-wide EU Regulation

Overview

The Digital Markets Act (DMA) is an EU regulation that establishes ex-ante rules for large digital platforms designated as “gatekeepers”. Its aim is to ensure contestability and fairness in digital markets.

Who Is Affected?

The DMA primarily targets gatekeepers — large platforms that serve as key intermediaries:

  • Platforms with annual turnover above EUR 7.5 billion or market valuation above EUR 75 billion
  • At least 45 million monthly end users and 10,000 business users in the EU
  • Operating a core platform service (search engine, social media, messenger, operating system, cloud, advertising)

All businesses using gatekeeper platforms are indirectly affected.

Core Obligations

  1. No self-preferencing: Gatekeepers may not favour their own services in rankings
  2. Interoperability: Messenger services must enable interoperability
  3. Data portability: Users must be able to transfer their data
  4. Alternative app stores: Sideloading and alternative app stores must be permitted
  5. Advertising transparency: Access to performance metrics for advertisers
  6. No bundling: Users may not be forced to use additional gatekeeper services

National Transposition

The DMA is enforced directly by the European Commission:

  • Germany: GWB Digitalisation Act complements the DMA at national level
  • Austria: Federal Competition Authority monitors impact
  • Switzerland: Not directly affected but discussing comparable national rules

DMA: Does it affect you?

Find out if and how this regulation affects your company – we're happy to advise you.

Frequently Asked Questions

Who are the gatekeepers under the DMA?

So far, Alphabet (Google), Amazon, Apple, ByteDance (TikTok), Meta, and Microsoft have been designated as gatekeepers. The European Commission can designate further companies.

What does the DMA mean for businesses using platforms?

Greater choice and fair access: gatekeepers may no longer self-preference their own services, must enable data portability, and must allow alternative app stores.

Who enforces the DMA?

The European Commission enforces the DMA directly — not national authorities. Infringements can lead to fines of up to 10% of global annual turnover.