Digital Markets Act: Obligations for Gatekeepers and Platforms - Key Group

Welcome to the brave new world of tech regulation, where the European Union isn’t just watching Big Tech—it’s putting it on a short leash. The Digital Markets Act (DMA), which officially came into force in 2023, is Brussels’ answer to the question: “What do we do when five companies control most of the digital economy?”

If you’re running a digital platform that even remotely smells like Big Tech, or you’re just a curious lawyer, founder, or tech enthusiast trying to make sense of the new rules, this guide is for you. We’ll break down the DMA’s purpose, who it targets (spoiler: not your cousin’s Etsy shop), and what it means in practice.

What is the DMA?

The Digital Markets Act is a regulatory framework created by the EU to ensure fair competition in digital markets. It targets “gatekeepers”—very large online platforms with entrenched market power.

The DMA is part of the EU’s twin pillars of digital reform, alongside the Digital Services Act (DSA). While the DSA focuses on online content and user safety, the DMA is squarely aimed at market structure and economic dominance.

Think of it this way: if the DSA is about cleaning up the digital neighborhood, the DMA is about breaking up the monopoly landlords.

Who Counts as a Gatekeeper?

Not every app or SaaS tool needs to panic. The DMA is highly targeted.

To qualify as a gatekeeper, a company must:

Operate a core platform service (search engine, app store, social network, messenger, OS, online intermediation, video sharing, web browser, cloud computing, or advertising service).
Have an annual EU turnover of €7.5 billion or more (or a market cap over €75 billion).
Have at least 45 million monthly active EU users und 10,000 annual EU business users.
Have entrenched and durable market position (usually three years or more).

In March 2024, the European Commission named Apple, Amazon, Alphabet (Google), Meta, Microsoft, and ByteDance (TikTok) as gatekeepers. No surprises there.

Key Obligations Under the DMA

Gatekeepers face a slew of dos and don’ts designed to curb anti-competitive behavior.

Obligations (What They MUST Do):

Allow interoperability with third-party services (e.g., messaging apps).
Provide business users access to performance data and ad metrics.
Enable users to uninstall preloaded apps or change defaults (like search engines).
Let businesses communicate directly with their customers outside the platform.
Share data with rivals and researchers (with privacy safeguards).

Prohibitions (What They CAN’T Do):

Self-preference their own services in rankings or results.
Re-use personal data across services without user consent.
Prevent app developers from using alternative payment systems.
Tie services together in anti-competitive ways (bundling).
Restrict business users from offering better terms elsewhere (anti-steering).

In plain English: no more stacking the deck in your own favor just because you built the table.

Real-Life Examples of DMA Impact

Here’s how this might play out in practice:

Apple must allow third-party app stores on iPhones in the EU.
Google can’t prioritize Google Shopping over other retailers in search.
Meta must let WhatsApp interoperate with Signal or Telegram.
Amazon must stop using third-party seller data to favor its own brands.

These aren’t just technical tweaks. They’re seismic shifts in how Big Tech operates.

What Happens If You Don’t Comply?

Short answer: fines and public shaming.

Fines of up to 10% of global annual turnover (20% for repeat violations).
Periodic penalty payments for ongoing non-compliance.
Structural remedies (i.e., breakups) if violations persist.

📌 Imagine Brussels showing up with a digital crowbar and saying: “You had your chance.”

Enforcement: The EU Means Business

Unlike previous rules with vague consequences, the DMA puts enforcement directly in the hands of the European Commission. This includes:

Investigating non-compliance
Conducting market investigations
Imposing sanctions without needing national regulators

This centralized approach means faster, more consistent action—no more regulatory whack-a-mole across 27 member states.

Are You a Startup or SME? Relax (Mostly)

The DMA isn’t coming after you—unless you somehow have 50 million users and forgot to tell us.

But you still benefit:

More access to app stores, marketplaces, and platforms without unfair terms.
More freedom to use your own payment systems or negotiate better conditions.
More data transparency for performance and customer engagement.

📌 In short: the DMA levels the playing field for smaller innovators.

Challenges and Criticisms

Of course, not everyone’s popping champagne.

Tech giants argue that:

Interoperability could compromise security and privacy.
Restricting data use may hurt personalization and user experience.
Some obligations are too prescriptive and stifle innovation.

Meanwhile, advocates argue these are the same arguments monopolists always use.

Time will tell whether the DMA encourages healthy competition or overregulates a sector moving at lightning speed.

Tips for Navigating the DMA

Whether you’re a gatekeeper, a potential gatekeeper, or just a platform wanting to grow smartly, here’s how to stay prepared:

Legal Readiness

Conduct audits of your services to assess risk areas.
Update internal policies and compliance roadmaps.

Technical Preparation

Build for interoperability from the start.
Document data flows and access pathways.

Transparency Culture

Be proactive in communicating changes to users and business partners.
Treat compliance as a trust-building feature, not a burden.

Monitor the Guidance

The Commission is issuing implementation guidelines and FAQs—read them.
Join industry dialogues to stay aligned.

Final Thoughts: A New Digital Compact

The Digital Markets Act marks a shift in how we govern tech power—not through endless litigation, but by setting clear ground rules upfront.

Gatekeepers still get to be big. But they don’t get to be bullies.

For businesses, this is a chance to grow without being stifled. For users, it’s a promise of more choice, fairness, and privacy.

The DMA is not perfect. It’s new, bold, and still evolving. But in the Wild West of the internet, it’s the EU’s way of posting a sheriff at the saloon door—and maybe making Big Tech tip their hats on the way in.

Understanding the Digital Markets Act (DMA): Obligations for Gatekeepers and Large Platforms