2023-09-06 12:20:43
A European Commission designated today, for the first time, six “gatekeepers” under the umbrella of Digital Markets Law (Digital Markets Act, or DMA). They are: Alphabet, Amazon, AppleByteDance, Meta e Microsoft.
According to detailed in a press release published today22 essential services provided by these companies were designated — in the case of Maçã, they include the iOSo Safari it’s at App Store. Thus, all of them will now have six months to ensure “full compliance with DMA obligations for each of their essential services”.
At the same time, the Commission opened four investigations to further evaluate the observations made by Apple and Microsoft — which, as we covered here, argued that some of their services are not eligible because they do not have sufficient adherence as provided for in the legislation.
In the case of Maçã, the investigation will address the iMessage and, in the case of Microsoft, the Bingo Edge and the Microsoft archyde news. These more in-depth reviews should be completed within a maximum period of five months.
In addition, the Commission opened an investigation to assess whether the iPadOS, Apple’s tablet operating system, should also be included in the list of essential services alongside iOS, despite not meeting the parameters. Under the terms of the DMA, this investigation must be completed within a maximum period of 12 months.
The Commission reported that it will monitor the implementation and fulfillment of these obligations and, if a gatekeeper fails to comply with the obligations established by the DMA, it is possible to impose fines of up to 10% of the company’s total worldwide turnover — or up to 20% in the event of a repeat offense. In case of “systematic infractions”, the Commission is also “empowered to adopt additional corrective measures, such as obliging a gatekeeper to sell a company or parts of it or prohibit the acquisition of additional services related to non-compliance with the laws”.
A Apple declared to Archyde.com that it has “privacy and security concerns in relation to DMA and that its focus will be on how to mitigate these impacts and continue to provide the best products and services to European customers”. Microsoft, for its part, said that it “has welcomed the Commission’s investigation, while accepting its designation as gatekeeper“.
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