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 Article 34. Right to be heard and access to the file
- 1.Before adopting a decision pursuant to Article 8, Article 9(1), Article 10(1), Articles 17, 18, 24, 25, 29 and 30 and Article 31(2), the Commission shall give the gatekeeper or undertaking or association of undertakings concerned the opportunity of being heard on:
- (a)preliminary findings of the Commission, including any matter to which the Commission has taken objection; and
- (b)measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph.
- 2.Gatekeepers, undertakings and associations of undertakings concerned may submit their observations to the Commission concerning the Commission’s preliminary findings within a time limit set by the Commission in its preliminary findings which may not be less than 14 days.
- 3.The Commission shall base its decisions only on preliminary findings, including any matter to which the Commission has taken objection, on which gatekeepers, undertakings and associations of undertakings concerned have been able to comment.
- 4.The rights of defence of the gatekeeper, undertaking or association of undertakings concerned shall be fully respected in any proceedings. The gatekeeper, undertaking or association of undertakings concerned shall be entitled to have access to the Commission's file under terms of disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets. In the case of disagreement between the parties, the Commission may adopt decisions setting out those terms of disclosure. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission or the competent authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the competent authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.
Relevant Recitals for this Article
In the context of proceedings carried out under this Regulation, the undertaking concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration, the right of access to the file and the right to be heard, it is essential to protect confidential information. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information on which the decision is based is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led to the decision. It is also necessary to ensure that the Commission only uses information collected pursuant to this Regulation for the purposes of this Regulation, except where specifically envisaged otherwise. Finally, it should be possible, under certain conditions, for certain business records, such as communication between lawyers and their clients, to be considered confidential if the relevant conditions are met.