- 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. 8 DMA
Compliance with obligations for gatekeepers
- The gatekeeper shall ensure and demonstrate compliance with the obligations laid down in Articles 5, 6 and 7 of this Regulation. The measures implemented by the gatekeeper to ensure compliance with those Articles shall be effective in achieving the objectives of this Regulation and of the relevant obligation. The gatekeeper shall ensure that the implementation of those measures complies with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC, legislation on cyber security, consumer protection, product safety, as well as with the accessibility requirements.
- The Commission may, on its own initiative or at the request of a gatekeeper pursuant to paragraph 3 of this Article, open proceedings pursuant to Article 20.
The Commission may adopt an implementing act, specifying the measures that the gatekeeper concerned is to implement in order to effectively comply with the obligations laid down in Articles 6 and 7. That implementing act shall be adopted within 6 months from the opening of proceedings pursuant to Article 20 in accordance with the advisory procedure referred to in Article 50(2).
When opening proceedings on its own initiative for circumvention pursuant to Article 13, such measures may concern the obligations laid down in Articles 5, 6 and 7. - A gatekeeper may request the Commission to engage in a process to determine whether the measures that that gatekeeper intends to implement or has implemented to ensure compliance with Articles 6 and 7 are effective in achieving the objective of the relevant obligation in the specific circumstances of the gatekeeper. The Commission shall have discretion in deciding whether to engage in such a process, respecting the principles of equal treatment, proportionality and good administration.
In its request, the gatekeeper shall provide a reasoned submission to explain the measures that it intends to implement or has implemented. The gatekeeper shall furthermore provide a non-confidential version of its reasoned submission that may be shared with third parties pursuant to paragraph 6. - Paragraphs 2 and 3 of this Article are without prejudice to the powers of the Commission under Articles 29, 30 and 31.
- With a view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings to the gatekeeper within 3 months from the opening of the proceedings under Article 20. In the preliminary findings, the Commission shall explain the measures that it is considering taking or that it considers the gatekeeper concerned should take in order to effectively address the preliminary findings.
- In order to effectively enable interested third parties to provide comments, the Commission shall, when communicating its preliminary findings to the gatekeeper pursuant to paragraph 5 or as soon as possible thereafter, publish a non-confidential summary of the case and the measures that it is considering taking or that it considers the gatekeeper concerned should take. The Commission shall specify a reasonable timeframe within which such comments are to be provided.
- In specifying the measures under paragraph 2, the Commission shall ensure that the measures are effective in achieving the objectives of this Regulation and the relevant obligation, and proportionate in the specific circumstances of the gatekeeper and the relevant service.
- For the purposes of specifying the obligations under Article 6(11) and (12), the Commission shall also assess whether the intended or implemented measures ensure that there is no remaining imbalance of rights and obligations on business users and that the measures do not themselves confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users.
- In respect of proceedings pursuant to paragraph 2, the Commission may, upon request or on its own initiative, decide to reopen them where:
(a) there has been a material change in any of the facts on which the decision was based; or
(b) the decision was based on incomplete, incorrect or misleading information; or
(c) the measures as specified in the decision are not effective.