The DMA European regulation n°2022/1925 was definitively adopted on September 14, 2022.
It aims at regulating the position of “gatekeepers” companies such as intermediation services (marketplaces, application stores), search engines, social networks or even online messaging.
In particular, it requires “gatekeepers” to share essential information with their professional users, relating to the data generated by the use of their platforms, such as marketing data. The DMA correlatively allows professional users to enter into contracts with their customers outside the platforms. Other meaningful measures include the interoperability of instant messaging services.
Any breach by a gatekeeper of the DMA rules may be sanctioned by a fine of up to 10% of its total worldwide turnover, 20% in the event of a repeated infringement.
The DMA will enter into force on November 2, 2022, with application of its provisions as of March 2023.