The Digital Markets Act

The EU Digital Markets Act (DMA) ensures that large
online platforms behave in a fair way



Non-compliance can result in a fine up to 10% of the company’s total worldwide annual turnover, or up to 20% in the event of repeated infringements.

 

About the Digital Markets Act

The EU Digital Markets Act (DMA) ensures that large online platforms behave in a fair way and thus building a fairer business environment and providing innovators as well as consumers with new opportunities. The Digital Markets Act and the Digital Services Act form the European digital strategy.

 

DMA: Risks for companies

The providers of digital services can face fines of up to 10% of the company’s total worldwide annual turnover or 20% in case of repeated infringements. Periodic penalty includes payments of up to 5% of the company’s average daily turnover.

The regulation focuses on the huge online platforms functioning in the European Union. The providers of digital services are called “gatekeepers”. 

10 different groups also known as Core Platforms Services (CPS) include:

  • online intermediation services;
  • online search engines;
  • online social networking services;
  • video-sharing platform services;
  • number-independent interpersonal communication services;
  • operating systems;
  • cloud computing services;
  • advertising services;
  • web browsers;
  • virtual assistants.

The list was updated but their list has not been released, but “Big Tech” like Amazon, Meta, Apple, Microsoft are considered the main subjects of the Act.

 

DMA: Objective criteria

Gatekeepers fall under the scope of the legislation if they meet these objective criteria:

  1. Their size impacts the internal market;
  2. They have the control of an essential gateway for business users towards final consumers;
  3. They are in a firmly established and durable position.

The DMA entered into force on November 1, 2022 and will be applicable as of the beginning of May 2023. Within 2 months, companies gatekeepers will have to notify the Commission of their qualification as a gatekeeper and provide all actual information. 

After 2 months a decision is adopted and the gatekeepers will have a maximum of 6 months to ensure compliance with the relevant obligations.

 

The Digital Markets Act Solutions

The Commission regularly organizes workshops with interested stakeholders to receive their views on gatekeepers’ compliance. 

Also Adversa AI can help with the Digital Markets Act compliance.

Secure AI awareness. To comply, vendors should understand the risks coming from the use of AI-build automated solutions on big online platforms. Adversa AI can help to raise security awareness in the AI industry from training to threat intelligence by providing a real AI risk posture.

AI assessments. Companies have to conduct regular assessments in order to show the compliance of their digital services with the Act. Adversa AI will assist in high-level analysis of your systems. The Adversa AI’s team will analyze your applications according to Digital Markets Act compliance guidelines, so that your company is able to deal with the issues and greatly reduce the costs of compliance. 



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