- Article 5 – Obligations for gatekeepers
- Article 6 – Obligations for gatekeepers susceptible of being further specified under Article 8
- Article 7 – Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- Article 8 – Compliance with obligations for gatekeepers
- Article 9 – Suspension
- Article 10 – Exemption for grounds of public health and public security
- Article 11 – Reporting
- Article 12 – Updating obligations for gatekeepers
- Article 13 – Anti-circumvention
- Article 14 – Obligation to inform about concentrations
- Article 15 – Obligation of an audit
- Article 20 – Opening of proceedings
- Article 21 – Requests for information
- Article 22 – Power to carry out interviews and take statements
- Article 23 – Powers to conduct inspections
- Article 24 – Interim measures
- Article 25 – Commitments
- Article 26 – Monitoring of obligations and measures
- Article 27 – Information by third parties
- Article 28 – Compliance function
- Article 29 – Non-compliance
- Article 30 – Fines
- Article 31 – Periodic penalty payments
- Article 32 – Limitation periods for the imposition of penalties
- Article 33 – Limitation periods for the enforcement of penalties
- Article 34 – Right to be heard and access to the file
- Article 35 – Annual reporting
- Article 36 – Professional secrecy
- Article 37 – Cooperation with national authorities
- Article 38 – Cooperation and coordination with national competent authorities enforcing competition rules
- Article 39 – Cooperation with national courts
- Article 40 – The high-level group
- Article 41 – Request for a market investigation
- Article 42 – Representative actions
- Article 43 – Reporting of breaches and protection of reporting persons
- Article 44 – Publication of decisions
- Article 45 – Review by the Court of Justice
- Article 46 – Implementing provisions
- Article 47 – Guidelines
- Article 48 – Standardisation
- Article 49 – Exercise of the delegation
- Article 50 – Committee procedure
- Article 51 – Amendment to Directive (EU) 2019/1937
- Article 52 – Amendment to Directive (EU) 2020/1828
- Article 53 – Review
- Article 54 – Entry into force and application
Art. 10 DMA
Exemption for grounds of public health and public security
- The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, adopt an implementing act setting out its decision, to exempt that gatekeeper, in whole or in part, from a specific obligation laid down in Article 5, 6 or 7 in relation to a core platform service listed in the designation decision pursuant to Article 3(9), where such exemption is justified on the grounds set out in paragraph 3 of this Article (‘the exemption decision’). The Commission shall adopt the exemption decision within 3 months after receiving a complete reasoned request and shall provide a reasoned statement explaining the grounds for the exemption. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
- Where an exemption is granted pursuant to paragraph 1, the Commission shall review its exemption decision if the ground for the exemption no longer exists or at least every year. Following such a review, the Commission shall either wholly or partially lift the exemption, or decide that the conditions of paragraph 1 continue to be met.
- An exemption pursuant to paragraph 1 may only be granted on grounds of public health or public security.
- In cases of urgency, the Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, provisionally suspend the application of a specific obligation referred to in paragraph 1 to one or more individual core platform services already prior to the decision pursuant to that paragraph. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
- In assessing the request referred to in paragraphs 1 and 4, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the grounds in paragraph 3, as well as the effects on the gatekeeper concerned and on third parties. The Commission may subject the suspension to conditions and obligations in order to ensure a fair balance between the goals pursued by the grounds in paragraph 3 and the objectives of this Regulation.