DMA: New rules for fair digital markets
Tech giants that dominate the market are known as gatekeepers. They are the focus of the EU Digital Markets Act, DMA (Regulation (EU) 2022/1925), which has been in force since the end of November 2022 and, together with the Digital Services Act (DSA) ((link)), is intended to ensure fair competitive conditions in the digital market and create opportunities for smaller and new providers.
The DMA specifies the requirements for very large online platforms and search engines and thus supplements the Digital Services Act (DSA).
Who specifically is affected by the DMA?
The DMA is aimed exclusively at very large online platforms, i.e. gatekeepers such as Google, Apple, Meta or Microsoft, which play a central role in the digital market and exceed certain revenue and user figures.
- Search engine provider
- Social networks
- App stores
- Operating systems
- Online marketplaces
- Web browser
Where does the DMA come in?
The DMA regulates the behaviour of gatekeepers before market abuse takes place and is therefore preventative in nature. The digital platforms must adhere to a whole list of obligations aimed at making the digital market fairer overall:
- No prioritisation of own offers
- Fair data usage
- Open access to important platform functions
- Enabling app downloads to third-party sources
- Easy deinstallation of pre-installed apps.
What does the DMA mean for Swiss companies?
Very large platforms that can be described as gatekeepers have not yet been established in Switzerland. Even though the DMA applies to these gatekeepers, smaller companies should know and understand the law as it directly affects the use of gatekeeper platforms and services. Companies are responsible for adhering to the compliance rules imposed by digital services such as Google and Amazon.
In addition, the DMA has – quite positive – effects on Swiss companies, for example when they are active as
- App provider
- Retailers or service providers on gatekeeper platforms.
This is because the DMA fundamentally ensures greater fairness, transparency and access opportunities and thus explicitly favours smaller and new providers.
All third-party companies that use the services of gatekeeper platforms must adhere to their specifications and adapt their business processes accordingly to ensure continued access to these services.
DMA: Do you have any questions? We provide answers
Especially if you are active as a service provider – in whatever form – on gatekeeper platforms, we recommend that you familiarise yourself with the DMA. Because only those who know their options can really benefit from the positive effects of the DMA.
Our specialists will be happy to provide you with their expertise and answer your questions.