![\"Infographic](\"https:\/\/media.jumpgroup.it\/avacy-website\/uploads\/2024\/04\/infrografica-digital-market-act-311x1024.png\")
<\/figure>\n\n\n\nThe Digital Markets Act was proposed by the European Commission as part of the Digital Services Package<\/strong>together with the Digital Services Act<\/strong>. Unlike the Digital Markets Act (DMA), the Digital Services Act (DSA) is the European digital services regulation, which aims to prevent and counteract illegal and harmful online activities, protect the fundamental rights of users and create a fair and open digital environment.<\/p>\n\n\n\n The European Commission (EC) identifies the gatekeeper<\/strong> as the technology giants<\/strong>or those companies that play a crucial role in the digital ecosystem<\/strong> acting as key intermediaries<\/strong>.<\/p>\n\n\n\n The designation of a platform as gatekeeper<\/strong> derives from well-defined criteria, including the management of afar-reaching user interface<\/strong>the provision of services that are indispensable for digital business, and the ability to steer market dynamics. In other words, these are companies that:<\/p>\n\n\n\n According to the European Commission, these platforms hold the power to modulate access to digital markets<\/strong>exercising considerable influence on online trade<\/strong> and the distribution of information.<\/p>\n\n\n\n Among the companies identified as gatekeepers by the EC are:<\/p>\n\n\n\n The latter, through their services and platforms, define the way consumers and companies interact in the digital world<\/strong>emphasising the importance of their role as gatekeeper<\/strong> within the DMA (Digital Markets Act).<\/p>\n\n\n\n The basic platform services are online services<\/strong> which constitute an important access point for users<\/strong>. The regulation lists the following basic platform services:<\/p>\n\n\n\n The DMA law aims to affect competition<\/strong>, ensuring equity<\/strong> and transparency<\/strong> by gatekeepers. Because of their predominant influence on the market and consumers, the DMA applies restrictions to a variety of technological services<\/strong>including search engines, cloud services, social networks, video sharing platforms, online advertising networks and other products and services operated by large digital companies.<\/p>\n\n\n\n One of the main objectives of the DMA is \"levelling the playing field<\/strong>\" for the smaller enterprises<\/strong> in the digital space and provide more protections for users' rights<\/strong> and their data.<\/p>\n\n\n\n The objectives of the Digital Market Act are:<\/p>\n\n\n\n To regulate gatekeepers, the DMA introduces a series of regulatory measures<\/strong> aimed at promoting justice and ethics in digital markets<\/strong>through the adoption of lists of prohibitions <\/strong>(blacklist<\/strong>) e lists of obligations<\/strong> (whitelist<\/strong>) to prevent commercial misconduct<\/strong> and encourage fair practices <\/strong>among the leading digital operators.<\/p>\n\n\n\n The DMA blacklist is thelist of abusive practices<\/strong> that gatekeepers are banned<\/strong> to perform, as they are considered detrimental to competition<\/strong> and the users' interests<\/strong>.<\/p>\n\n\n\n The backlist sanctions, inter alia, conduct such as theuse of dominant position<\/strong> to exclude competitors, the undue promotion of one's own products to the detriment of those of competitors<\/strong>, the unjustified refusal to share data with third parties<\/strong>and the creation of barriers to interoperability and data portability. The DMA whitelist is thelist of lawful practices<\/strong> that gatekeepers are required to respect<\/strong>as they are considered favourable to competition and users' interests<\/strong>.<\/p>\n\n\n\n The whitelist includes the uninstallation of pre-installed applications and access to basic platform services via third-party solutions, plus users will have the right to stop having their data collected. Companies, for their part, will be able to offer uniform conditions to customers both inside and outside gatekeeper platforms, access and use data generated on platforms, promote services and products outside of platforms, and use alternative payment and identification systems. They will also be able to conclude contracts directly with customers, access interoperability and data portability features, and interact with ad networks and exchanges. Finally, they will be able to verify the identity of customers for compliance purposes and offer contracts with independent electronic communication service providers.<\/p>\n\n\n\n Gatekeepers that respect the whitelist are recognised as responsible operators<\/strong> and can benefit from a increased trust and reputation<\/strong> by the instance<\/strong> and the authority<\/strong>.<\/p>\n\n\n\n In case of non-compliance<\/strong>the DMA provides for heavy penalties, with fines of up to 10% of the company's annual global turnover<\/strong> and, in case of recurrence, up to 20%<\/strong>.<\/p>\n\n\n\n The size of the sanction will be determined according to the severity<\/strong> and the duration of the breach<\/strong>. In situations of systematic violation, the following may be imposed exceptional sanctions<\/strong>including the sale of parts of the capital or business properties.<\/p>\n\n\n\nWho are the Gatekeepers?<\/h2>\n\n\n\n
\n
\n
What are basic platform services?<\/h3>\n\n\n\n
\n
What are the objectives of the Digital Markets Act<\/h2>\n\n\n\n
\n
What does digital marketplace regulation entail?<\/h2>\n\n\n\n
Blacklist: gatekeeper bans<\/h3>\n\n\n\n
It also prohibits the acquisition or control of competing or complementary undertakings without the approval of the competent authorities<\/strong>the imposition of restrictions limiting the freedom of business and end users to use third-party products or services, and the combination of personal data collected by its services with those of other sources without the users' explicit consent.<\/p>\n\n\n\nWhitelist: gatekeepers' obligations<\/h3>\n\n\n\n
What will be the consequences of non-compliance?<\/h2>\n\n\n\n