The Digital Markets Act

SOURCE: https://www.lexology.com/library/detail.aspx?g=44d68018-8589-4aeb-8f57-51b0bf4cc232

On 1 November 2022, the Digital Markets Act, EU's flagship digital gatekeeper legislation entered into force. This started the clock for its full application.

NEXT?

Undertakings meeting the quantitive thresholds - annual turnover of €7.5 billion in the EU or market capitalization of €75 billion plus 45 million monthly active end uders and 10,000 yearly active business users - must notify the Commission by 2 July 2023 at the latest.

The Commission then has until 1 September 2023 to finalise its designation decisions. The main obligations will apply six months after the designation decision, meaning they will apply from 1 March 2024 onwards at the latest.

The main obligations include data access** and data use rules, prohibitions on self-preference and bundling, and interoperability obligations.

From 25 June 2023 onwards, the DMA will also be included in the EU Whistleblowing Directive [see here: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32019L1937] and Representative Action Directive [see here: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020L1828].

This means that consumer class/representative actions under national law must be able to rely on the DMA and that anyone reporting violations of the DMA must be protected from reprisals if they first went through the appropriate internal and external channels. 

**Electronization, Data Capture