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INFORMATION TECHNOLOGY

EU Commission publishes Q&A on Digital Markets Act.

The European Commission published, on 23 April 2022, questions and answers ('Q&A') on the Digital Markets Act ('DMA'). In particular, the Q&A notes that the DMA introduces rules for platforms that act as 'gatekeepers' in the digital sector, noting that these have a significant impact on the internal market, serve as an important gateway for business users to reach their end users, and enjoy, or will foreseeably enjoy, an entrenched and durable position in the market. In addition, the Q&A outlines the DMA's objectives to prevent gatekeepers from imposing unfair conditions on businesses and end users, and to ensure the openness of important digital services.

Furthermore, the Q&A provides examples of changes that gatekeepers will have to implement, which include:
  • ensuring end users can easily unsubscribe from core platform services or uninstall pre-installed core platform services;
  • stopping the installation of software by default alongside the operating system;
  • providing advertising performance data and ad pricing information;
  • allowing developers to use alternative in-app payment systems; or
  • allowing end users to download alternative app stores.

Moreover, the Q&A states that, under the DMA, companies identified as gatekeepers will be subject to a number of requirements and restrictions, hence they will have to proactively implement certain behaviours that make the markets more open and contestable, and at the same time refrain from engaging in unfair behaviour, which is defined in the legislation in the light of market experience to date, including from competition cases.

You can read the Q&A here.
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