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DMA

DMA Article 7. Obligation for gatekeepers on interoperability of number-independent interpersonal communications services

  • 1.
    Where a gatekeeper provides number-independent interpersonal communications services that are listed in the designation decision pursuant to Article 3(9), it shall make the basic functionalities of its number-independent interpersonal communications services interoperable with the number-independent interpersonal communications services of another provider offering or intending to offer such services in the Union, by providing the necessary technical interfaces or similar solutions that facilitate interoperability, upon request, and free of charge.
  • 2.
    The gatekeeper shall make at least the following basic functionalities referred to in paragraph 1 interoperable where the gatekeeper itself provides those functionalities to its own end users:
    • (a)
      following the listing in the designation decision pursuant to Article 3(9):
      • (i)

        end-to-end text messaging between two individual end users;
      • (ii)

        sharing of images, voice messages, videos and other attached files in end to end communication between two individual end users;
    • (b)
      within 2 years from the designation:
      • (i)

        end-to-end text messaging within groups of individual end users;
      • (ii)

        sharing of images, voice messages, videos and other attached files in end-to-end communication between a group chat and an individual end user;
    • (c)
      within 4 years from the designation:
      • (i)

        end-to-end voice calls between two individual end users;
      • (ii)

        end-to-end video calls between two individual end users;
      • (iii)

        end-to-end voice calls between a group chat and an individual end user;
      • (iv)

        end-to-end video calls between a group chat and an individual end user.
  • 3.
    The level of security, including the end-to-end encryption, where applicable, that the gatekeeper provides to its own end users shall be preserved across the interoperable services.
  • 4.
    The gatekeeper shall publish a reference offer laying down the technical details and general terms and conditions of interoperability with its number-independent interpersonal communications services, including the necessary details on the level of security and end-to-end encryption. The gatekeeper shall publish that reference offer within the period laid down in Article 3(10) and update it where necessary.
  • 5.
    Following the publication of the reference offer pursuant to paragraph 4, any provider of number-independent interpersonal communications services offering or intending to offer such services in the Union may request interoperability with the number-independent interpersonal communications services provided by the gatekeeper. Such a request may cover some or all of the basic functionalities listed in paragraph 2. The gatekeeper shall comply with any reasonable request for interoperability within 3 months after receiving that request by rendering the requested basic functionalities operational.
  • 6.
    The Commission may, exceptionally, upon a reasoned request by the gatekeeper, extend the time limits for compliance under paragraph 2 or 5 where the gatekeeper demonstrates that this is necessary to ensure effective interoperability and to maintain the necessary level of security, including end-to-end encryption, where applicable.
  • 7.
    The end users of the number-independent interpersonal communications services of the gatekeeper and of the requesting provider of number-independent interpersonal communications services shall remain free to decide whether to make use of the interoperable basic functionalities that may be provided by the gatekeeper pursuant to paragraph 1.
  • 8.
    The gatekeeper shall collect and exchange with the provider of number-independent interpersonal communications services that makes a request for interoperability only the personal data of end users that is strictly necessary to provide effective interoperability. Any such collection and exchange of the personal data of end users shall fully comply with Regulation (EU) 2016/679 and Directive 2002/58/EC.
  • 9.
    The gatekeeper shall not be prevented from taking measures to ensure that third-party providers of number-independent interpersonal communications services requesting interoperability do not endanger the integrity, security and privacy of its services, provided that such measures are strictly necessary and proportionate and are duly justified by the gatekeeper.

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