The Portuguese Presidency of the Council of the EU presented its first compromise text to the Member States, on 23 June, on the proposal for a regulation on contestable and fair markets in the digital sector (DMA) (see EUROPE 12745/17).
In particular, the text provides for a broadening of the concept of ‘gatekeeper’. For example, if a company does not meet the criteria in terms of market power, but provides an essential platform service that is a major access point for companies to reach end-users, the Commission may designate it as an gatekeeper.
The paper also focuses on the accumulation of end-user data. The Portuguese Presidency of the Council of the EU wants gatekeepers to implement less personalised alternatives so that users can choose whether or not to consent to the combination of data, without access to services being conditional on this consent.
“The less personalised alternative must not be different or of a degraded quality compared to the service offered to end-users who give their consent to the combination of their personal data”, the document says.
The text proposes that national authorities and Member States should have more powers of action and appeal. Three or more Member States could ask the Commission to open an investigation if they consider that a gatekeeper may have failed in its obligations in order to strengthen its market position. The Commission would then have four months to examine the situation.
The same pattern would apply if at least three Member States consider that one or more digital sector services should be added to the list of platform services or that there are concerns about unfair practices.
The Slovenian Presidency of the EU Council, which starts on 1 July, has already indicated that it will try to have an agreement on a general approach in the EU Council by the end of the year.
See the compromise text: https://bit.ly/3dogVJi (Original version in French by Thomas Mangin)