European Union: Implemented DMA including data handling obligations for designated gatekeepers Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft

On 6 March 2024, the designated gatekeepers are required to comply with the Digital Markets Act (DMA) obligations, including data handling obligations. The companies classified as such are Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft. The Commission identified 22 core platform services. Meta was designated as the gatekeeper based on the social networks Facebook and Instagram, the intermediation platform Meta Marketplace, the advertising platform Meta and the communication services WhatsApp and Messenger. ByteDance was designed based on the social network TikTok. Microsoft is considered a gatekeeper based on the social network Linkedin and its operating system, Windows PC OS. Amazon provides 2 core services, the intermediation service Amazon Marketplace and the advertising platform Amazon. Apple was designated based on the intermediation platform App Store, the browser platform Safari and the operating system IOS. Alphabet was designated based on the core intermediation services are Google Maps, Google Playa and Google Shopping, the advertising platform Google, the operating system Google Android, the video sharing platform YouTube, the browser Chrome and the search engine Google Search. The DMA defines “gatekeepers” as the companies providing “a core platform service” (such as browsers, messengers or social media) that operate in three or more member states and have more than 45 million monthly “end users” and 10'000 “business users”. Furthermore, such companies must have an annual turnover of over EUR 7.5 billion or at least EUR 75 billion of market capitalisation. The DMA bans the combination of personal data between different services provided by the gatekeeper. Finally, the Commission can impose fines of up to 10% of the gatekeeper's total worldwide turnover in the preceding financial year and up to 20% in case of repeated infringements.