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INFORMATION TECHNOLOGY

Digital Markets Act - DMA: rules on gatekeepers applicable from 2 May 2023.

As of today, the new rules of Regulation 1925/2022, better known as the Digital Markets Act - DMA, are applicable. Inspired by European antitrust principles, they aim to make the digital sector fair and competitive. 

The DMA guarantees a digital level playing field that establishes clear rights and rules for large online platforms ('gatekeepers') and ensures that none of them abuse their position. The DMA defines new rules for gatekeepers who now have to, among other things:

- ensure that unsubscribing from core platform services is as easy as subscribing;
- ensure that the core functionalities of instant messaging services are interoperable, i.e. allow users to exchange messages, send voice messages or files between messaging apps;
- provide corporate users with access to their marketing or advertising performance data on the platform;
- inform the European Commission of their acquisitions and mergers. 

Furthermore, large platforms can no longer:

- rank their own products or services higher than those of others (self-referencing);
- pre-install certain apps or software or prevent users from easily uninstalling such apps or software;
- requiring the default installation of the most important software (e.g. web browsers) during the installation of an operating system;
- prevent developers from using third-party payment platforms to sell apps;
- re-use private data collected during one service for the purposes of another service.
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