The DML aims to put an end to unfair practices by gatekeepers of online platforms.
What is an access guardian?
These are digital platforms that constitute an important gateway between professional users and consumers and whose position may give them the power to act as a private regulator and thus create a bottleneck in the digital economy.
According to the LMD, access gatekeepers are considered to be those who provide the following online intermediation services:
- app stores
- online search engines
- social networking services
- certain courier services
- video sharing platform services
- virtual assistants
- web browsers
- cloud computing services
- operating systems
- online markets
- advertising services.
How do I know if the law applies to me?
There are three main criteria that bring a company within the scope of the DML:
> a size that has an impact on the internal market, where the company achieves a certain annual turnover in the European Economic Area (EEA) and provides a basic platform service in at least three EU Member States;
> control of a major gateway between business users and end consumers, where the company provides a basic platform service to more than 45 million monthly active end users established or located in the Union and to more than 10,000 annual active business users established in the Union;
> a long-established and lasting position if the company has met the second criterion for the last three years.
What can and cannot be done?
The DML sets out a list of do's and don'ts that gatekeepers will have to adhere to in their day-to-day operations to ensure fair and open digital markets.
These obligations will help provide companies with opportunities to compete in markets and rival gatekeepers on the merits of their products and services, giving them more room to innovate.
When will it be implemented?
With its entry into force, the DML will move into its crucial implementation phase and will start to apply in six months' time, on May 2, 2023. Then, within two months and no later than July 3, 2023, potential gatekeepers will have to notify the Commission of their basic platform services if they meet the thresholds set by the DML. Once the Commission has received the complete notification, it will have 45 working days to assess whether the company in question meets the thresholds and to designate it as an access gatekeeper (no later than September 6, 2023). After designation, access gatekeepers will have six months to comply with the requirements of the DML, no later than March 6, 2024.
