The Digital Markets Act (DMA) is an EU regulation that has imposed specific obligations and prohibitions on the largest digital platforms, known as gatekeepers, since 2023. If your business operates in the EU and uses platforms such as Google, Amazon, Apple or Meta, these rules affect the terms on which you operate. This guide outlines the DMA’s main rules, criteria and practical implications.
What the DMA is and how it works
The Digital Markets Act is a European Union regulation. As a regulation, it applies directly in every EU Member State without needing to be implemented in national law. This distinguishes it from directives, which require separate implementation in each country.
The DMA works alongside the DSA (Digital Services Act). Their roles differ:
- DMA regulates competition in digital markets and limits abuses by the largest platforms.
- DSA focuses on content moderation, algorithmic transparency and responsibility for illegal content.
Together, they form an EU regulatory framework intended to protect consumers and create a more level digital market.
The DMA’s aim: preventing monopolistic practices
The DMA was created to limit the dominance of the largest digital platforms and prevent practices that restrict competition. The regulation:
- Sets obligations and prohibitions for gatekeepers, platforms that control access to users and businesses.
- Seeks to create fairer competitive conditions for smaller businesses operating on those platforms.
- Increases transparency around data, rankings and advertising.
Designated gatekeepers include Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft and Booking.
Who the DMA covers: three qualification criteria
The DMA imposes obligations on companies that meet all three groups of criteria:
- Company size: annual EU revenue above €7.5 billion in each of the last three financial years or a market valuation of at least €75 billion in the last financial year.
- Number of users: at least 45 million monthly active users and at least 10,000 active business users annually in the EU.
- Control of an ecosystem: the company has operated in the market for at least three years and acts as a gatekeeper across several digital markets, controlling platforms with substantial reach.
Who designates gatekeepers
The European Commission makes the designation. The process is as follows:
- The company reports that it meets the criteria, or the Commission establishes this itself.
- The Commission analyses market data and assesses the company’s position.
- The Commission formally designates the company as a gatekeeper and specifies its obligations.
- The status is monitored regularly and updated when necessary.
How the DMA affects digital markets in practice
The DMA changes the rules at several levels:
For businesses operating on platforms
- No favouring a platform’s own products: a platform may not promote its products at the expense of competing offers. If you sell on a major platform, your offer may not be artificially pushed down in the results.
- Access to data: businesses operating on gatekeeper platforms gain access to data generated by their customers. This is intended to level the playing field with the platform owner.
For consumers
- A wider choice of products and services.
- Better privacy protection.
- Easier access to information about rankings and how offers are displayed.
- More informed purchasing decisions thanks to greater data transparency.
For innovation
- The DMA pushes dominant players to improve the quality of their services.
- It opens the market to small and medium-sized businesses that previously faced barriers to entry.
Advertising: no forced use of a platform’s advertising tools
The DMA introduces specific restrictions on advertising:
- No requirement to use the platform’s advertising services: a gatekeeper may not require partners to use its advertising tools as a condition of access to the platform.
- Transparency about advertising prices and policies: platforms must disclose how they price and target advertisements.
What this means for you: if you run advertising campaigns on major platforms, you can use third-party advertising tools and expect clear pricing terms.
Cookies and personal data: limits on combining data
The DMA prohibits combining users’ personal data from different services without their explicit consent. In practice:
- A platform may not automatically collect and combine data about users from different sources to build advertising profiles unless the user expressly agrees.
- Platforms must provide greater transparency in cookie management, giving users meaningful control over how their data is used.
These rules limit intrusive advertising practices and strengthen privacy protection in the digital environment.
Key points to remember
The DMA is an EU regulation that applies directly and, since 2023, has:
- Imposed obligations on the largest digital platforms (gatekeepers), including a ban on favouring their own products, data-access duties and advertising transparency.
- Improved opportunities for smaller businesses through data access, a ban on forced use of advertising tools and fairer treatment in rankings.
- Protected consumers through greater control over data, cookie transparency and a ban on combining data without consent.
- Been enforced by the European Commission, which designates gatekeepers, monitors their conduct and updates the list when necessary.
If you operate in the EU digital market as a seller, advertiser or service provider, check how the DMA affects your arrangements with the platforms you use. Review your contracts, verify the rules for data access and make sure you understand the rights described in this regulation.
Frequently asked questions
What exactly is the Digital Markets Act, and how does it differ from the DSA? The DMA (Digital Markets Act) is an EU regulation that has applied directly in every Member State since 2023. It regulates competition in digital markets and sets specific obligations and prohibitions for the largest digital platforms, known as gatekeepers. The DSA (Digital Services Act) addresses a different area: content moderation, algorithmic transparency and platforms’ responsibility for illegal content. Together, the two acts form a framework intended to protect consumers and create a more level digital market in the EU.
Which companies qualify as gatekeepers under the DMA? A company must meet all three groups of criteria: annual EU revenue above €7.5 billion in each of the last three years or a market valuation of at least €75 billion; at least 45 million monthly active users and 10,000 active business users annually in the EU; and at least three years of market presence with control over widely used platforms. Designated gatekeepers include Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft and Booking.
Who decides whether a platform is a gatekeeper under the DMA, and what does the process involve? The European Commission makes the decision. A company may report that it meets the criteria, or the Commission may establish this itself. The Commission then analyses market data, formally designates the company as a gatekeeper and specifies its obligations. The status is monitored regularly and updated when necessary.
How does the DMA change the rules for businesses that sell or advertise on platforms such as Google, Amazon or Apple? The DMA prohibits platforms from favouring their own products over competing offers, so your offer may not be artificially pushed down in search results. Businesses operating on gatekeeper platforms gain access to data generated by their customers. A gatekeeper may not require you to use its advertising tools as a condition of platform access. Platforms must also disclose how advertisements are priced and targeted, giving you clear pricing terms and the option to use third-party tools.
What does the DMA say about combining personal data and cookies across different services? The DMA prohibits platforms from automatically collecting and combining users’ personal data from different services to build advertising profiles unless the user gives explicit consent. Platforms must provide greater transparency in cookie management, giving users meaningful control over how their data is used.
