EU Digital Markets Act (DMA, Regulation 2022/1925) – Gatekeeper Obligations 2026
Short Answer
The Digital Markets Act (DMA, Regulation (EU) 2022/1925) has been in force since 2 May 2023 and fully applicable since 6 March 2024. It regulates large gatekeeper platforms with structurally competition-distorting market power. The European Commission has currently designated seven gatekeepers: Alphabet (Google), Amazon, Apple, ByteDance (TikTok), Meta (Facebook/Instagram/WhatsApp), Microsoft, and Booking.com. Each gatekeeper has designated Core Platform Services (CPS) (app stores, messaging, search engines, social networks, video sharing, etc.). Gatekeepers are subject to 21 do's-and-don'ts (Arts. 5-7): interoperability (messaging, payment), prohibition of self-preferencing, prohibition of combining data across services without consent, freedom to choose app stores and browsers, decoupling of services. Penalties: up to 10 % of global annual turnover (Art. 30), 20 % for repeated infringement. Structural measures (breakup) possible for systematic violations (Art. 18).
Key Facts
| Item | Value |
|---|
| Legal Basis | Regulation (EU) 2022/1925 of 14 September 2022 |
|---|
| Entry into Force | 2 May 2023 |
| Fully Applicable Since | 6 March 2024 |
| Current Gatekeepers | 7 (Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft, Booking.com) |
| First Designation | 5 September 2023 |
| Quantitative Turnover Threshold | Annual turnover ≥ €7.5 billion in EU (last 3 years) [Art. 3(2)(a)] |
| Quantitative User Threshold | ≥ 45 million monthly active EU users + ≥ 10,000 EU business users/year |
| Designation Period | 5 years (recurring review) |
| Core Platform Services (CPS) | Search engines, online intermediation, social networks, video sharing, messaging, operating systems, app stores, browsers, virtual assistants, ads, cloud services |
| Standard Penalty | Up to 10 % global annual turnover [Art. 30(1)] |
| Repeat Infringement Penalty | Up to 20 % global annual turnover [Art. 30(2)] |
| Periodic Penalty | Up to 5 % daily turnover [Art. 31] |
| Structural Separation Order | Possible for systematic violations [Art. 18] |
| Enforcement | European Commission (not national authorities) |
| Compliance Deadline | 6 months from designation |
Scope of Application
The DMA applies only to designated gatekeepers — undertakings meeting quantitative thresholds and holding an entrenched, durable position on the internal market (Art. 3(1)). The Commission designates through a formal procedure; undertakings must self-notify if they reach the thresholds (Art. 3(3)).
Currently designated:
Alphabet (Google): Google Search, Google Ads, Google Maps, Google Play, Google Shopping, Chrome, YouTube, Android
Amazon: Amazon Marketplace, Amazon Ads
Apple: App Store, iOS, Safari, iPadOS
ByteDance: TikTok
Meta: Facebook, Instagram, WhatsApp, Messenger, Meta Marketplace, Meta Ads
Microsoft: Windows, LinkedIn (Ads not designated)
Booking.com: Online intermediation service for travel (since May 2024)
Core Gatekeeper Obligations (Arts. 5, 6, 7)
What gatekeepers MUST do (Art. 6):
Interoperability of number-independent interpersonal communication services — messaging apps must be able to receive and send messages from other providers (Meta has already opened WhatsApp to third-party messaging)
Access to business user data for commercial users of the gatekeeper platform
Fair, non-discriminatory app store terms
Alternative payment systems in app stores (Apple's reaction: App Store rules amended in early 2024)
Uninstallation of preinstalled apps on operating systems
Provision of ad performance data to advertisers
What gatekeepers MUST NOT do (Art. 5):
Combining data across core services without separate user consent
Self-preferencing in ranking of own offerings (Google Shopping at top, others below – prohibited)
Using user data from the service for competing own offerings
Anti-steering — business users may direct customers to cheaper channels off-platform
Preventing data export by business users
Tying of core services (e.g., iOS forcing Safari – DMA-violation)
User Benefits under the DMA – Concrete 2026
For consumers:
On WhatsApp: third-party messaging possible (Signal interop still in rollout)
On iOS: alternative app stores installable (in EU since iOS 17.4), default browser selectable
On Android: Google apps uninstallable, alternative app stores
On Google Search: fair ranking, no Google Shopping self-preferencing
On Chrome/Safari: default browser choice dialog at first setup
For business users (SMBs):
Price comparison — allowed to direct customers to cheaper alternative channels
Data export — take own customer/turnover data from gatekeeper
Payment freedom — use own payment system in app / on marketplace
Complaints to European Commission (not national authorities)
Current DMA Proceedings 2026
The European Commission is conducting several non-compliance proceedings:
Apple (App Store) — accusation: steering restrictions for app developers
Google Search — accusation: Google Shopping self-preferencing
Meta (Pay-or-Consent Model) — accusation: forced consent to data combination
Billions in fines already imposed (Apple €500 million, Meta €200 million – both in 2025).
Common Mistakes
"The DMA automatically applies to all large platforms." False — only to formally designated gatekeepers. New designations reviewed annually by the Commission.
"Gatekeepers pay only 10 % for violations." Not quite — 10 % for first violation, 20 % for repeat infringement (Art. 30(2)). Additionally periodic penalty up to 5 % daily.
"National competition authorities decide." False — only the European Commission is competent. National authorities (Germany's Bundeskartellamt) can support but not directly sanction.
"WhatsApp ↔ Signal interoperability is already available." Nuanced — Meta has provided the API, but Signal/Threema still under review due to end-to-end encryption issues.
"The DMA prohibits advertising." False — it only prohibits data combination without consent and self-preferencing in advertising.
"Booking.com is not a platform, it's a travel intermediary." DMA-technically designated as gatekeeper regardless (since May 2024) — DMA applies to online intermediation services independent of industry label.
Sources
Regulation (EU) 2022/1925 (DMA) – EUR-Lex full text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32022R1925
EU Commission – DMA Portal: https://digital-markets-act.ec.europa.eu/index_en
List of Gatekeepers: https://digital-markets-act.ec.europa.eu/gatekeepers_en
Current Competition Investigations: https://digital-markets-act-cases.ec.europa.eu/
German Bundeskartellamt – Digital Markets: https://www.bundeskartellamt.de/EN/DigitalEconomy/digitaleconomy_node.html
Change Log
2026-07-02: Initial publication (English EU wave). Currently 7 gatekeepers (after Booking.com designation 05/2024). Penalties 10 % / 20 % global turnover. Messaging interoperability + app store obligations documented. | change_type=initial_publication field="topic_lifecycle" new="published" reviewed_by="Andreas Warkentin"
See Also
EU Digital Services Act (DSA)
EU AI Act
German DMA version
Status
Date: 2026-07-02
Valid from: 2023-05-02 (entry into force), fully applicable 2024-03-06
Status: current
Source authority: A (EUR-Lex, EU Commission)
Licence: CC BY 4.0