(16 December 2020) – Online platform giants will be forced to abide by a broad range of obligations as part of new plans laid out by the European Commission in its Digital Markets Act (DMA) and Digital Services Act (DSA).
The DMA proposals will see so-called ‘gatekeeper platforms’ prohibited from engaging in practices deemed to be of detriment to “contestability and fairness” in online markets. Fines for non-compliance with the rules have been pitched at a maximum of 10% of a company’s annual worldwide turnover.
Under the rules, platforms will be banned from using data gathered on their core service to offer other services in competition with rivals and there will be prohibitions on certain self-preferencing activities. Moreover, gatekeeper platforms will also be banned from forcing users to register with other core services as a condition for accessing certain platform functionalities.
Gatekeepers will also be prohibited from blocking users from un-installing any pre-installed software or apps. Certain “affirmative obligations” include the fact that platforms must allow business users to offer their products up for sale on different platforms at different prices or conditions than those on the core service platform. (EurActiv)