Since the year 2020, the EU (European Union) had been working on the DMA. The Digital Market Act (DMA) includes rules that govern the functioning of “gatekeeper online platforms”. The idea is to create a level playing field for businesses riding on these platforms so that the fundamental rights of users are protected. The purpose of this note is to discuss in simple terms the real impact of these rules on platform businesses and on the consumers using them.
The Principles
The EU DMA rules were approved on 1st Nov 2022. The full obligations under these rules do not come into force till March 2024. The obligations mandate the gatekeeps to allow the business users – a) to interoperable with the gatekeeper’s own services; b) to access and use data they generate as a result of their usage of the gatekeeper’s platform; c) to empower the business users with tools and information to advertise on the gatekeeper’s platform; d) to enable the business users to promote offers and conclude contracts outside gatekeep’s platform.