in the digital market. These obligations largely reflect and codify the existing competition law cases and doctrine of the EU Commission and the Court of Justice of the European Union. Who Will Be Impacted by the DMA? The DMA applies directly only to those core platform services acting as ‘gatekeepers’. The DMA defines ‘gatekeeper’ to mean those online platforms that (i) significantly impact the internal market, (ii) provide an important gateway for business users to reach end users, and (iii) enjoy an entrenched and durable position in their operations. In addition to this general definition, the DMA presumes that a core platform service satisfies these criteria where it meets the following economic thresholds: • Internal market impact: achieving annual turnover in the European Economic Area (EEA) equal to or above €7.5 billion in each of the last three financial years or an average market capitalisation or equivalent fair market value amounting to at least €75 billion in the last financial year and providing the same core platform service in at least three EU Member States. • Important gateway: where the company operates a core platform service with more than 45 million monthly active end users established or located in the EU and at least 10,000 yearly active business users established in the EU in the last financial year. • An entrenched and durable position: where the company met the end user and business user thresholds above in each of the last three financial years. Organisations falling within scope of the above definitions must notify the Commission of their gatekeeper status without delay per the DMA. The Commission can also designate an organisation as a gatekeeper even where it does not strictly meet all of the above criteria. DMA Obligations The DMA imposes certain prohibitions and obligations on those organisations it intends to regulate - the “Do’s and Don’ts” of the DMA. Key gatekeeper Dos: • Provide data portability to end-users — upon request and free of charge — and assist end users accordingly; • Provide “effective, high-quality, continuous and real-time” access and use of aggregated and non-aggregated data, including personal data, to business users — again only upon request but free of charge; SPECIAL FEATURE 43 The DMA essentially establishes additional requirements for core online platforms, designated in the DMA as ‘gatekeepers’, to ensure they are not limiting competition in the digital market.
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