European Union: Council adopts general approach on data handling obligations in DMA

On 25 November 2021, the Council of the European Union (EU) adopted its general approach on the Digital Markets Act (DMA) proposal. The Council agreed on the data handling obligations and added a new obligation for “gatekeepers”, namely, they will have to enable “end-users” to unsubscribe from their services. In its general approach, the Council noted that “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. The Council also agreed that business users should be allowed to promote offers to end-users obtained through the “gatekeeper” platform and conclude contracts with those users. In addition, gatekeepers will be required to refrain from implementing measures that could prevent or restrict the ability of business users to raise concerns regarding gatekeepers’ non-compliance with EU law and national law. In the adopted document, the Council noted that the requirement doesn’t limit the right of gatekeepers and business users to outline complaint reporting mechanisms in the terms of service. 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 applies 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.