European Union: Commission proposes data handling obligations in DMA

On 15 December 2020, the European Commission submitted the EU Digital Markets Act (DMA) proposal to the European Parliament and Council. The proposal outlines several obligations regarding the way “gatekeepers” handle the data collected. The “gatekeepers” will not be allowed to combine data obtained from different sources and to use the data collected from its business users to compete with them. In addition, “gatekeepers” will be obliged to share data collected with the business users, advertisers, and publishers. Furthermore, business users must be allowed to promote offers to end-users obtained through the “gatekeeper” platform and conclude contracts with those users. In addition, companies will be required to refrain from implementing measures that could prevent or restrict the ability of business users to report problems regarding the “gatekeeper” practices. Gatekeepers are online platforms with a durable position, great impact or large influence through the operation of important gateways for business users to reach end-users. The DMA would apply s to gatekeepers irrespective of their place of establishment, as long as the services offered by the gatekeeper are directed at users in the European Union. The proposal now goes to the European Parliament and EU Council for the first reading.