The EU Digital Markets Act (Regulation (EU) 2022/1925) fundamentally changes the contracts between 'gatekeeper' platforms and their business users. It imposes obligations that platform terms cannot contract out of — from self-preferencing bans to interoperability and data access rights. If you're a business user on a designated gatekeeper's platform (Apple App Store, Google Play, Google Search, Meta, Amazon Marketplace, Microsoft Windows/LinkedIn, TikTok, Booking.com), your platform terms must comply with the DMA. Many don't fully — and you have rights.
What is a DMA Gatekeeper Obligations?
The Digital Markets Act (Regulation (EU) 2022/1925) designates certain core platform services as 'gatekeepers' and imposes a list of do's and don'ts on them. Designated gatekeepers as of 2024 include Alphabet (Google), Amazon, Apple, Booking.com, ByteDance (TikTok), Meta, and Microsoft. Obligations cover interoperability, data portability, restrictions on self-preferencing and most-favoured-nation clauses, transparency on advertising pricing, and freedom for business users to promote offers to end users outside the platform. The DMA sits alongside the Digital Services Act, the Platform-to-Business Regulation, and the GDPR.
Red flags to watch for
Art. 5(4) DMA requires gatekeepers to allow business users to communicate and promote offers to end users, including alternative prices and terms. Anti-steering clauses are unenforceable for gatekeeper platforms.
Art. 5(3) DMA prohibits gatekeepers from requiring price parity or equivalent conditions on other sales channels or platforms.
Art. 5(7) DMA requires gatekeepers not to force use of the gatekeeper's identification/payment service for the business user's own services.
Art. 6(10) DMA gives business users free, effective, real-time access to data generated by their use of the platform.
Art. 6(5) DMA prohibits self-preferencing of gatekeeper's own products/services in ranking, crawling and indexing.
Art. 5(8) DMA bans tying additional services as a precondition for core platform access.
DMA transparency obligations (plus Art. 3 P2B Regulation) require clear and unambiguous terms and advance notice of material changes.
Your legal rights
Business users on EU gatekeeper platforms have rights under the Digital Markets Act (Regulation (EU) 2022/1925), the Platform-to-Business Regulation (Regulation (EU) 2019/1150), the Digital Services Act (Regulation (EU) 2022/2065), the GDPR (Regulation (EU) 2016/679), and the Unfair Commercial Practices Directive (2005/29/EC). Enforcement is by the European Commission (with a dedicated DMA compliance unit) and national competition authorities. Business users can bring private damages claims in national courts. Fines for gatekeepers can reach 10% of global turnover (20% for repeat breach), with periodic penalty payments for ongoing non-compliance. National data protection authorities enforce overlapping GDPR obligations.
Questions to ask before you sign
- 1Is my platform designated as a gatekeeper under the DMA?
- 2Does the contract contain anti-steering or most-favoured-nation clauses that breach the DMA?
- 3Am I free to use alternative payment providers and promote offers outside the platform?
- 4What data access and portability rights are provided, in what format, and at what frequency?
- 5What self-preferencing transparency does the gatekeeper offer?
- 6Are there bundled or tying conditions, and can I access the core service without them?
- 7What is the modification and notice regime for contract changes?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.