The Digital Markets Act (DMA) is changing the rules for the largest online platforms - and with them the conditions for businesses that rely on their services. This article explains what the DMA is, who it applies to, and what rights and risks it brings.
The DMA in a nutshell
The Digital Markets Act (Regulation (EU) 2022/1925) is an EU regulation that entered into force in May 2023 and has applied in full since March 2024. Its aim is to regulate the largest digital platforms, the so-called gatekeepers, and to open up the market to smaller competitors and businesses.
Instead of waiting for the giants to abuse their position and then penalising them (as classic competition law does), the DMA introduces predefined prohibitions and obligations that gatekeepers must comply with automatically. Breaches can be fined up to 10% of worldwide turnover, and up to 20% for repeated infringements.
Who is a gatekeeper?
You are considered a gatekeeper if:
a) you have a significant impact on the internal market;
b) you provide a core platform service (e.g., online intermediary services, Internet search engines, web browsers, virtual assistants, cloud computing services, online advertising services) that serves as a key gateway for business users to reach end users;
and c) you have an established and lasting position in your field of activity, or it can be expected that you will attain such a position in the near future.
The Regulation also establishes a presumption that you are considered an access gatekeeper if you meet the following criteria regarding size and position:
- annual turnover in the EU of at least €7.5 billion (or a market capitalization of €75 billion),
- at least 45 million monthly users and 10,000 business users in the EU,
- a strong and sustainable market position.
The services in question include search engines, app stores, social networks, operating systems, and advertising platforms.
What the DMA gives you when you do business through platforms?
If you build your business on Google, Amazon, the App Store or Meta advertising, the DMA gives you specific, enforceable rights:
- free access to your own data on campaigns and sales on the platform,
- an end to self-preferencing — a gatekeeper may not favour its own services in results,
- freedom in pricing across channels — an end to most-favoured-nation clauses,
- a more open ecosystem — the ability to uninstall pre-installed apps and choose alternatives.
Comparison with the DSA
The DMA is often mentioned together with the Digital Services Act (DSA), but it addresses something different. Put simply: the DMA watches how the market works - it grants rights vis-à-vis the giants. The DSA watches what happens on platforms - it imposes obligations regarding illegal content, moderation, transparent advertising and the protection of users, and it applies even to ordinary e-shops, marketplaces and forums (penalties of up to 6% of turnover). So if you operate your own platform, the DSA is more likely to concern you. If you do business on someone else’s platform, you will make use of the rights under the DMA.
|
|
DMA – Digital Markets Act |
DSA – Digital Services Act |
|
Who it applies to |
A handful of the largest platforms (“gatekeepers”) designated by the Commission – Google, Apple, Meta, Amazon, Microsoft, ByteDance. |
A wide range of intermediaries – e-shops, online marketplaces, social networks, forums, hosting; stricter rules for very large platforms. |
|
Purpose |
Fairness and openness of the market – to curb the power of the giants and give smaller firms a level playing field. |
A safe online environment – to address illegal content and protect users. |
|
Main obligations |
Share data with businesses, do not self-preference, allow alternatives and uninstallation, ban on parity clauses. |
Content reporting mechanism (notice & action), transparent terms and advertising, ban on dark patterns, trader verification (KYBC). |
|
Penalties |
Up to 10% of worldwide turnover, and up to 20% for repeated infringements. |
Up to 6% of worldwide turnover. |
|
Who enforces it |
Exclusively the European Commission (in the Czech Republic, the Office for the Protection of Competition (ÚOHS) plays a supporting role). |
In the Czech Republic, the Czech Telecommunication Office (ČTÚ). |
That this is not just theory was shown by the first fines in April 2025: Apple was fined €500 million (it prevented developers from steering users to cheaper offers outside the App Store) and Meta €200 million (its “pay or consent” model did not give users an equivalent choice). Temu was fined €200 million (it failed to prevent the sale of illegal products). The company X received a fine of €120 million for failing to comply with transparency obligations. The Meta case also shows how closely the DMA and the protection of personal data are linked.
Frequently asked questions
What is the DMA?
The DMA (Digital Markets Act, Regulation (EU) 2022/1925) is an EU regulation that entered into force in May 2023 and has applied in full since March 2024. It regulates the largest digital platforms, the so-called gatekeepers, and aims to open up the market to smaller competitors and businesses.
What penalties apply under the DMA?
Breaches of the DMA can be fined up to 10% of worldwide turnover, and up to 20% for repeated infringements. By comparison, DSA fines reach up to 6% of turnover.
What is the difference between the DMA and the DSA?
Put simply: the DMA watches how the market works and grants rights vis-à-vis the giants. The DSA watches what happens on platforms – it imposes obligations regarding illegal content, moderation and user protection, and it applies even to ordinary e-shops, marketplaces and forums.
Who does the DMA apply to?
It directly affects only a handful of the largest platforms designated by the European Commission as gatekeepers - Google, Apple, Meta, Amazon, Microsoft and ByteDance. Indirectly, however, it also concerns businesses that use these platforms, because the DMA grants them new rights.
Does the DMA apply to my e-shop?
If you are not one of the giants, the gatekeeper obligations do not apply to you. The DMA does, however, give you rights when you do business through large platforms (Google, Amazon, the App Store, Meta). If you run your own e-shop or marketplace, your obligations stem rather from the DSA. We discuss this issue in detail in the article “How to Amend Contract Terms in Accordance with the DSA.”
How we can help?
Most risks are not resolved in court but in advance — in contracts and settings. We can help with:
• reviewing your terms and conditions, contracts and GDPR for compliance with the DSA and data protection,
• AI compliance for recommendation and moderation tools,
• protecting your brand and intellectual property and trademarks, on which you rely on the platforms,
Not sure whether and how the DMA or DSA affects you? Get in touch — we will discuss your situation and propose concrete steps. Brno and Prague.
