Digital Markets Act
Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Digital Markets Act
- Recitals
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONSArticles 1 — 2
CHAPTER II
GATEKEEPERSArticles 3 — 4
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIRArticles 5 — 15
CHAPTER IV
MARKET INVESTIGATIONArticles 16 — 19
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERSArticles 20 — 43
CHAPTER VI
FINAL PROVISIONSArticles 44 — 54
ANNEXES
DMA
DMA Article 2. Definitions
- For the purposes of this Regulation, the following definitions apply:
- (1)‘gatekeeper’ means an undertaking providing core platform services, designated pursuant to Article 3;
- (2)‘core platform service’ means any of the following:
(a)
online intermediation services;(b)
online search engines;(c)
online social networking services;(d)
video-sharing platform services;(e)
number-independent interpersonal communications services;(f)
operating systems;(g)
web browsers;(h)
virtual assistants;(i)
cloud computing services;(j)
online advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by an undertaking that provides any of the core platform services listed in points (a) to (i);
- (3)‘information society service’ means any service as defined in Article 1(1), point (b), of Directive (EU) 2015/1535;
- (4)‘digital sector’ means the sector of products and services provided by means of, or through, information society services;
- (5)‘online intermediation services’ means online intermediation services as defined in Article 2, point (2), of Regulation (EU) 2019/1150;
- (6)‘online search engine’ means an online search engine as defined in Article 2, point (5), of Regulation (EU) 2019/1150;
- (7)‘online social networking service’ means a platform that enables end users to connect and communicate with each other, share content and discover other users and content across multiple devices and, in particular, via chats, posts, videos and recommendations;
- (8)‘video-sharing platform service’ means a video-sharing platform service as defined in Article 1(1), point (aa), of Directive 2010/13/EU;
- (9)‘number-independent interpersonal communications service’ means a number-independent interpersonal communications service as defined in Article 2, point (7), of Directive (EU) 2018/1972;
- (10)‘operating system’ means a system software that controls the basic functions of the hardware or software and enables software applications to run on it;
- (11)‘web browser’ means a software application that enables end users to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
- (12)‘virtual assistant’ means a software that can process demands, tasks or questions, including those based on audio, visual, written input, gestures or motions, and that, based on those demands, tasks or questions, provides access to other services or controls connected physical devices;
- (13)‘cloud computing service’ means a cloud computing service as defined in Article 4, point (19), of Directive (EU) 2016/1148 of the European Parliament and of the Council ;
- (14)‘software application stores’ means a type of online intermediation services, which is focused on software applications as the intermediated product or service;
- (15)‘software application’ means any digital product or service that runs on an operating system;
- (16)‘payment service’ means a payment service as defined in Article 4, point (3) of Directive (EU) 2015/2366;
- (17)‘technical service supporting payment service’ means a service within the meaning of Article 3, point (j), of Directive (EU) 2015/2366;
- (18)‘payment system for in-app purchases’ means a software application, service or user interface which facilitates purchases of digital content or digital services within a software application, including content, subscriptions, features or functionality, and the payments for such purchases;
- (19)‘identification service’ means a type of service provided together with or in support of core platform services that enables any type of verification of the identity of end users or business users, regardless of the technology used;
- (20)‘end user’ means any natural or legal person using core platform services other than as a business user;
- (21)‘business user’ means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing goods or services to end users;
- (22)‘ranking’ means the relative prominence given to goods or services offered through online intermediation services, online social networking services, video-sharing platform services or virtual assistants, or the relevance given to search results by online search engines, as presented, organised or communicated by the undertakings providing online intermediation services, online social networking services, video-sharing platform services, virtual assistants or online search engines, irrespective of the technological means used for such presentation, organisation or communication and irrespective of whether only one result is presented or communicated;
- (23)‘search results’ means any information in any format, including textual, graphic, vocal or other outputs, returned in response to, and related to, a search query, irrespective of whether the information returned is a paid or an unpaid result, a direct answer or any product, service or information offered in connection with the organic results, or displayed along with or partly or entirely embedded in them;
- (24)‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording;
- (25)‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;
- (26)‘non-personal data’ means data other than personal data;
- (27)‘undertaking’ means an entity engaged in an economic activity, regardless of its legal status and the way in which it is financed, including all linked enterprises or connected undertakings that form a group through the direct or indirect control of an enterprise or undertaking by another;
- (28)‘control’ means the possibility of exercising decisive influence on an undertaking, within the meaning of Article 3(2) of Regulation (EC) No 139/2004;
- (29)‘interoperability’ means the ability to exchange information and mutually use the information which has been exchanged through interfaces or other solutions, so that all elements of hardware or software work with other hardware and software and with users in all the ways in which they are intended to function;
- (30)‘turnover’ means the amount derived by an undertaking within the meaning of Article 5(1) of Regulation (EC) No 139/2004;
- (31)‘profiling’ means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679;
- (32)‘consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679;
- (33)‘national court’ means a court or tribunal of a Member State within the meaning of Article 267 TFEU.
Relevant Recitals for this Article
In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number-independent interpersonal communication services, cloud computing services, virtual assistants, web browsers and online advertising services, including advertising intermediation services, all have the capacity to affect a large number of end users and businesses, which entails a risk of unfair business practices. Therefore, they should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services can also be active in the field of financial services, and they can intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council . For the purposes of this Regulation, the definition of core platform services should be technology neutral and should be understood to encompass those provided on or through various means or devices, such as connected TV or embedded digital services in vehicles. In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes.