On July 18, 2022, the long-awaited Digital Markets Act (DMA) received the final approval of the EU’s co-legislators. The DMA will impose stringent far-reaching obligations on the largest digital platforms: the “gatekeepers.” The regulation will give the European Commission (EC) significant new enforcement powers, including the ability to impose severe fines and remedies in case of non-compliance.

The DMA will profoundly change the way in which big tech platforms operate in the EU. It will capture the largest tech companies and potentially 15-20 other platforms such as Alibaba and Booking.com. It will also create complications for non-gatekeepers, as the rules will impact how data can be shared with a gatekeeper’s commercial partners.
Continue Reading D(MA)-Day: Formal Adoption of the EU Digital Markets Act

On July 18, 2022, the EU Council formally adopted the EU Digital Markets Act (DMA), following approval by the EU Parliament earlier this month (the press releases are available here and here). The final DMA text as approved is available here.

As next steps, the final text of the law will be signed by the Parliament and Council Presidents and will be published in the EU Official Journal. The Publications Office still needs to make some further technical edits to the text before it can be published, including to clarify the date of application (i.e., add a specific date, given that the text currently states “[6 months after entry into force]”). We expect that final publication in the EU Official Journal will take place this fall.
Continue Reading EU Parliament and EU Council Approve the DMA

The European Union (EU) will soon be handed sweeping new rules to regulate the conduct of the largest digital platforms with the long-awaited Digital Markets Act (DMA). Following 15 months of intense negotiations on amendments to the original Proposal, the presidents of the main EU institutions (the Parliament, Council, and Commission) reached a political agreement on the final text of the DMA on March 24, 2022. The final vote is planned for July 2022, with the rules expected to come into effect in October 2022. It is expected that designated gatekeepers will need to comply by early 2024.
Continue Reading EU Adopts New Rules to Significantly Limit the Power of Tech Platforms