First day of effective application of the Digital Market Act!

Gatekeepers who fail to comply with the obligations set out in Regulation 2022/1925 of September 14, 2022 may be held liable for breaches of this regulation. 

The 6 Gatekeepers designated by the European Commission (Apple, Alphabet, Meta, Amazon, Microsoft and Bye Dance, three of whom are contesting their designation before the Court of Justice of the European Union) must vis-à-vis third parties (i) comply with certain obligations as of today (notably interoperability, access to data, facilitating advertising on and off their platform) and (ii) refrain from certain practices such as, in particular:

* favoring their products and services over those of third parties ;

* prevent consumers from connecting with end-users via services outside the platform,

* prevent users from uninstalling or pre-installing software or applications if they so wish,

* track end-users outside the platform to send them targeted advertising without their consent,

* obligation to provide prior information on mergers concerning essential platform services or any other service in the digital sector or enabling data collection. 

* not to make unfair use of data obtained from individuals and users. The Commission can investigate compliance with the Regulation, but the courts and trade tribunals can also be called upon to rule on infringements.