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COM Proposal EP First Reading Regulation Published
Regulation Published 2022-10-12 — Council of the European Union EUR-Lex

Contestable and fair markets in the digital sector (Digital Markets Act) — COM(2020) 842 Proposal

Chapter I – Subject matter, scope and definitions

Article 1 Subject-matter and scope

1 This 1. The purpose of this Regulation lays is to contribute to the proper functioning of the internal market by laying down harmonised rules ensuring contestable and fair markets for all businesses to the benefit of both business users and end users in the digital sector across the Union where gatekeepers are present. 2 present so as to foster innovation and increase consumer welfare . 2. This Regulation shall apply to core platform services provided or offered by gatekeepers to business users established in the Union or end users established or located in the Union, Union and business users , irrespective of the place of establishment or residence of the gatekeepers or business users and irrespective of the law otherwise applicable to the provision of service. 3 This Regulation shall not apply to markets: (a) related to electronic communications networks as defined and be interpreted in point (1) full respect of Article 2 fundamental rights and the principles recognised by the Charter of Directive (EU) 2018/1972 Fundamental Rights of the European Parliament Union, in particular Articles 11, 16, 47 and of the Council ; 50 thereof. (b) related to electronic communications services as defined in point (4) of Article 2 of Directive (EU) 2018/1972 other than those related to number-independent interpersonal communication services as defined in point (4)(b) (7) of Article 2 of that Directive. 4 With regard to interpersonal communication services this Regulation is without prejudice to the powers and tasks granted 5. In order to avoid the national regulatory and other competent authorities by virtue of Article 61 fragmentation of Directive (EU) 2018/1972. 5 the internal market, Member States shall not impose on gatekeepers within the meaning of this Regulation further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or consumers, to fight against acts of unfair competition. 6 competition or to pursue other legitimate public interests . 6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they these rules are applied to undertakings other than gatekeepers within the meaning of this Regulation or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/2004 (38) and national rules concerning merger control; Regulation (EU) 2019/1150 control and Regulation (EU) …./.. of the European Parliament and of the Council . 7 2019/1150. 7. National authorities shall not take decisions which would run counter to a decision adopted by the Commission under this Regulation. The Commission and Member States shall work in close cooperation and coordination in their enforcement actions. actions on the basis of the principles established in Article 31d .

Article 2 Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘Gatekeeper’ means a provider of core platform services designated pursuant to Article 3; (2) ‘Core platform service’ means any of the following: (a) online intermediation services; (b) online search engines; (c) online social networking services; (d) video-sharing platform services; (e) number-independent interpersonal communication services; (f) operating systems; (g) cloud computing services; (fa) web browsers; (fb) virtual assistants; (fc) connected TV; (h) online advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by a provider where the undertaking to which it belongs is also a provider of any of the core platform services listed in points (a) to (g); (3) ‘Information society service’ means any service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535; (4) ‘Digital sector’ means the sector of products and services provided by means of or through information society services; (5) ‘Online intermediation services’ means services as defined in point 2 of Article 2 of Regulation (EU) 2019/1150; (6) ‘Online search engine’ means a digital service as defined in point 5 of Article 2 of Regulation (EU) 2019/1150; (7) ‘Online social networking service’ 2019/1150 thus excluding the search functions on other online intermediation services ; (10a) Web browser’ means a platform software application that enables end users to connect, share, discover access and communicate interact with each other across multiple devices and, in particular, via chats, posts, videos and recommendations; (8) ‘Video-sharing platform service’ means a service web content hosted on servers that are connected to networks such as defined the Internet, including standalone web browsers as well as web browsers integrated or embedded in point (aa) of Article 1(1) of Directive (EU) 2010/13 ; (9) ‘Number-independent interpersonal communications service’ software or similar (10b) ‘Virtual assistants’ means software that is incorporated or inter-connected with a service as defined in point 7 of Article 2 good, within the meaning of Directive (EU) 2018/1972; (10) ‘Operating system’ 2019/771, that can process demands, tasks or questions based on audio, imaging or other cognitive-computing technologies, including augmented reality services, and based on those demands, tasks or questions access their own and third party services or control their own and third party devices. (10c) ‘connected TV’ means a system software which controls the basic functions of the hardware or software and application that controls a television set connected to the internet that enables software applications to run on it; (11) ‘Cloud computing services’ means a digital service as defined in point 19 of Article 4 of Directive (EU) 2016/1148 of the European Parliament and of it including for the Council ; (12) ‘Software application stores’ means a type provision of online intermediation services, which is focused on software applications as the intermediated product or service; (13) ‘Software application’ means any digital product music and video streaming, or service that runs on an operating system; viewing of pictures; (14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and 4, technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, in-app payment systems, fulfilment , including parcel delivery as defined in Article 2 paragraph 2 of Regulation (EU) 2018/644, freight transport , identification or advertising services; (15) ‘Identification service’ means a type of ancillary services that enables any type of verification of the identity of end users or business users, regardless of the technology used; (16) ‘End user’ means any natural or legal person using core platform services other than as a business user; (17) ‘Business user’ (14a) In-app payment system’ means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of an application, service or in user interface to process the course payments from users of providing goods or services to end users; an app. (18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking core platform services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networking services or by core platform service providers , irrespectively of online search engines, respectively, whatever the technological means used for such presentation, organisation or communication; (19) ‘Data’ (18a) ‘Search results’ means any digital representation of acts, facts or information and in any compilation of such acts, facts or information, format, including texts, graphics, voice or other output, returned in the form response and related to a written or oral search query, irrespective of sound, visual whether the information is an organic result, a paid result, a direct answer or audiovisual recording; (20) ‘Personal data’ means any product, service or information as defined in point 1 of Article 4 of Regulation (EU) 2016/679; (21) ‘Non-personal data’ means data other than personal data as defined offered in point 1 of Article 4 of Regulation (EU) 2016/679; (22) ‘Undertaking’ means all linked enterprises connection with, or connected undertakings that form a group through the direct displayed along with, or indirect control of an enterprise partly or undertaking by another entirely embedded in, the organic results; (23a) ‘Interoperability’ means the ability to exchange information and mutually use the information which has been exchanged so that are engaged in an economic activity, regardless all elements of their legal status hardware or software relevant for a given service and used by its provider effectively work with hardware or software relevant for a given services provided by third party providers different from the way in elements through which they are financed; (23) ‘Control’ means the possibility of exercising decisive influence on information concerned is originally provided. This shall include the ability to access such information without having to use an undertaking, as understood in Regulation (EU) No 139/2004. application software or other technologies for conversion.

Chapter II – Gatekeepers

Article 3 Designation of gatekeepers

1 A provider of core platform services 1. An undertaking shall be designated as gatekeeper if: (a) it has a significant impact on the internal market; (b) it operates a core platform service which serves as an important gateway for business users and end users to reach other end users; and (c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future. 2 A provider of core platform services 2. An undertaking shall be presumed to satisfy: (a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 8 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 80 billion in the last financial year, and it provides a core platform service in at least three Member States; (b) the requirement in paragraph 1 point (b) where it provides a one or more core platform service that services each of which has more than 45 million monthly active end users established or located in the Union EEA and more than 10 000 yearly active business users established in the Union EEA in the last financial year; year. deleted (c) the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last three two financial years. 3 Where For the purpose of point (b), (i) monthly end users and yearly business users shall be measured taking into account the indicators set out in the Annex to this Regulation; and (ii) monthly end users shall refer to the average number of monthly end users during a provider period of at least six months within the last financial year; 3. Where an undertaking providing core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof without delay and in any case within three two months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. 2. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider undertaking that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b). A failure by a relevant provider of undertaking providing core platform services service to notify the required information pursuant to this paragraph shall not prevent the Commission from designating these providers undertakings as gatekeepers pursuant to paragraph 4 at any time. 4 The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of undertaking providing core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, gatekeeper . The undertaking may present , with its notification, presents sufficiently substantiated compelling arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider undertaking does not satisfy the requirements of paragraph 1. deleted 4a. Where the gatekeeper presents such sufficiently substantiated arguments undertaking providing the core platform service fails to demonstrate that it does not satisfy notify the requirements of Commission, to provide the information required in paragraph 1, 3 or to provide within the deadline set by the Commission shall apply paragraph 6 all the relevant information that is required to assess whether its designation as gatekeeper pursuant to paragraphs (2) and (6), the criteria in Commission shall be entitled to designate that undertaking as a gatekeeper at any time based on information available to the Commission pursuant to paragraph 1 are met. 5 4. 5. The Commission is empowered to adopt delegated acts in accordance with Article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 of this Article are met, and to regularly adjust it the methodology to market and technological developments where necessary, necessary . The Commission is empowered to adopt delegated acts in particular as regards accordance with Article 37 to update the threshold list of indicators set out in paragraph 2, point (a). 6 the Annex to this Regulation . The Commission may shall identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of undertaking providing core platform services , excluding Medium-sized, Small or Micro enterprises as defined in the Commission Recommendation 2003/361/EC, that meets each of the requirements of paragraph 1, 1 of this Article , but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4. For that purpose, the Commission shall take into account the following elements: 2 of this Article . (a) the size, including turnover and market capitalisation, operations and position of the provider of undertaking providing core platform services; (b) the number of business users depending on the core platform service to reach end users and the number of end users; (c) entry barriers derived from network effects and data driven advantages, in particular in relation to the provider’s undertaking’s access to and collection of personal and non-personal data or analytics capabilities; (d) scale and scope effects the provider undertaking benefits from, including with regard to data; (e) business user (ea) the degree of multi-homing among business; (eb) the ability of the undertaking to implement conglomerate strategies, in particular through its vertical integration or end user lock-in; (f) other structural market characteristics. its significant leverage in related markets; In conducting its assessment, the Commission shall take into account foreseeable developments of these elements. Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper. Where the elements including any planned concentrations involving another provider of a core platform service that does not satisfy the quantitative thresholds services or of paragraph 2 fails to comply with the investigative measures ordered by the Commission any other services provided in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available. 7 digital sector . deleted deleted 7. For each undertaking designated as gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify within the relevant undertaking to which it belongs and list deadline set under paragraph 4 the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b). 8 8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within six as soon as possible, and in any case no later than four months after a core platform service has been included in the list pursuant to paragraph 7 of this Article. a. ‘General’ 1. The present annex aims at specifying the methodology for identifying and calculating the ‘end users’ and the ‘business users’ for each core platform service defined in Article 2(2) for the purpose of point (b) of Article 3(2). It provides a reference to enable an undertaking to assess whether its core platforms services meet the quantitative thresholds set out in Article 3(2)(b) and would therefore be presumed to meet the requirement in Article 3(1)(b). It will therefore equally be of relevance to any broader assessment under Article 3(6). It is the responsibility of the undertaking to come to the best approximation possible in line with the common principles and specific methodology set out in this annex. Nothing in this annex precludes the Commission from requiring the undertaking providing core platform services to provide any information necessary to identify and calculate the ‘end users’ and the ‘business users’. In doing so, the Commission is bound by the timelines laid down in the relevant provisions of this Regulation. Nothing in the present annex should constitute a legal basis for tracking users. The methodology contained in this annex is also without prejudice to any of the obligations in the Regulation, notably including those laid down in Article 3(3), Article 3(6) and Article 11(1). In particular, the required compliance with Article 11(1) also means identifying and calculating end users and business users based either on a precise measurement or on the best approximation available — in line with the actual identification and calculation capacities that the undertaking providing core platform services possesses at the relevant point in time. These measurements or the best approximation available shall be consistent with, and include, those reported under Article 13. 2. Article 2(16) and (17) set out the definitions of ‘end user’ and ‘business user’, which are common to all core platform services. 3. In order to identify and calculate the number of ‘end users’ and ‘business users’, the present annex refers to the concept of ‘unique users’. The concept of ‘unique users’ encompasses ‘end users’ and ‘business users’ counted only once, for the relevant core platform service, over the course of a specified time period (i.e. month in case of ‘end users’ and year in case of ‘business users’), no matter how many times they engaged with the relevant core platform service over that period. This is without prejudice to the fact that the same natural or legal person can simultaneously constitute an end user or business user for different core platform services. b. ‘end users’ 4. Number of ‘unique users’ as regards ‘end users’: unique users shall be identified according to the most accurate metric reported by the undertaking providing any of the core platform services, specifically: a. It is considered that collecting data about the use of core platform services from signed-in or logged-in environments would prima facie present the lowest risk of duplication, for example in relation to user behaviour across devices or platforms. Hence, the undertaking shall submit aggregate anonymized data on the number of unique users per respective core platform service based on signed-in or logged-in environments if such data exists. b. In the case of core platform services which are (also) accessed by end users outside signed-in or logged-in environments, the undertaking shall additionally submit aggregate anonymized data on the number of unique end users of the respective core platform service based on an alternate metric capturing also end users outside signed-in or logged-in environments such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags provided that those addresses or identifiers are (objectively) necessary for the provision of the core platform services. 5. Article 3(2) also requires that the number of ‘monthly end users’ is based on the average number of monthly end users during a period of at least six months within the last financial year. An undertaking providing core platform service(s) can discount outlier figures in a given year. Outlier figures inherently mean figures that fall outside the normal values such as a sales peak that occurred during a single month in a given year but do not include the annual regular and predictable sales. c. ‘business users’ 6. Number of ‘unique users’ as regards ‘business users’, ‘unique users’ are to be determined, where applicable, at the account level with each distinct business account associated with the use of a core platform service provided by the undertaking constituting one unique business user of that respective core platform service. If the notion of ‘business account’ does not apply to a given core platform service, the relevant undertaking providing core platform services shall determine the number of unique business users by referring to the relevant undertaking. d. ‘Submission of information’ 7. The undertaking submitting information concerning the number of end users and business users per core platform service shall be responsible for ensuring the completeness and accuracy of that information. In that regard: a. The undertaking shall be responsible for submitting data for a respective core platform service that avoids under-counting and over-counting the number of end users and business users (for example where users access the core platform services across different platforms or devices) in the information provided to the Commission. b. The undertaking shall be responsible for providing precise and succinct explanations about the methodology used to arrive at the information provided to the Commission and of any risk of under-counting or over-counting of the number of end users and business users for a respective core platform service and of the solutions adopted to address that risk. c. The undertaking shall provide the Commission data that is based on an alternative metric when the Commission has concerns about the accuracy of data provided by the undertaking providing core platform service(s). 8. For the purpose of calculating the number of ‘end users’ and ‘business users’: a. The undertaking providing core platform service(s) shall not identify core platform services that belong to the same category of core platform services pursuant to Article 2(2) as distinct mainly on the basis that they are provided using different domain names — whether country code top-level domains (ccTLDs) or generic top-level domains (gTLDs) — or any geographic attributes. b. The undertaking providing core platform service(s) shall consider as distinct core platform services those core platform services, which despite belonging to the same category of core platform services pursuant to Article 2(2) are used for different purposes by either their end users or their business users, or both, even if their end users and business users may be the same. c. The undertaking providing core platform service(s) shall consider as distinct core platform services those services which the relevant undertaking offers in an integrated way but which (i) do not belong to the same category of core platform services pursuant to Article 2(2) or (ii) despite belonging to the same category of core platform services pursuant to Article 2(2), are used for different purposes by either their end users or their business users, or both, even if their end users and business users may be the same. e. ‘Specific definitions’ 9. Specific definitions per core platform service: The below list sets out specific definitions of ‘end users’ and ‘business users’ for each core platform service.

Article 4 Review of the status of gatekeepers

1 The Commission may upon request or its own initiative reconsider, amend or repeal at any moment a decision adopted pursuant to Article 3 for one of the following reasons: (a) there has been a substantial change in any of the facts on which the decision was based; (b) the decision was based on incomplete, incorrect or misleading information provided by the undertakings. 2 The Commission shall regularly, and at least every 2 three years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or and at least every year whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted. The review shall have no suspending effect on the gatekeeper’s obligations. Where the Commission, on the basis of that review pursuant to the first subparagraph, finds that the facts on which the designation of the providers of undertakings providing core platform services as gatekeepers was based, have changed, it shall adopt a corresponding decision. 3 3. The Commission shall publish and update the list of undertakings designated as gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis. The Commission shall publish an annual report setting out the findings of its monitoring activities including the impact on business-users especially small and medium-sized enterprises and end-users and present it to the European Parliament and the Council.

Chapter III – Practices of gatekeepers that limit contestability or are unfair

Article 5 Obligations for gatekeepers

In respect of each of its core platform services identified pursuant to Article 3(7), a gatekeeper shall: (a) refrain from combining and cross-using personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice in a explicit and clear manner, and has provided consent in the sense of Regulation (EU) 2016/679. ; 2016/679; (b) allow refrain from applying contractual obligations that prevent business users to offer from offering the same products or services to end users through third party online intermediation services or through their own direct online sales channel at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; (c) allow business users to communicate and promote offers including under different purchasing conditions to end users acquired via the core platform service, service or through other channels , and to conclude contracts with these end users or receive payments for services provided regardless of whether they use for that purpose they use the core platform services of the gatekeeper or not, and gatekeeper; (ca) allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, including where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper; gatekeeper, unless the gatekeeper can demonstrate that such access undermines end users data protection or cybersecurity; (d) refrain from directly or indirectly preventing or restricting business users or end users from raising issues with any relevant public authority , including national courts, relating to any practice of gatekeepers; (e) refrain from requiring business users to use, offer or interoperate with an identification service or any other ancillary service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper; (f) refrain from requiring not require business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b) as a condition for being able to use, access, sign up for or register to registering with any of their core platform services identified pursuant to that Article; (g) provide advertisers and publishers or third parties authorised by the advertisers or publishers, to which it supplies digital advertising services, upon their request, with free of charge, high-quality, effective, continuous and real-time access to full information on the visibility and availability of advertisement portfolio, including: i) the pricing conditions concerning the bids placed by advertisers and advertising intermediaries; ii) the price-setting mechanisms and schemes for the calculation of the fees including the non-price criteria in the auction process; iii) the price and fees paid by the advertiser and publisher, as well as including any deductions and surcharges; iv) the amount or and remuneration paid to the publisher, for the publishing of a given ad advertisement; and v) the amount and remuneration paid to the publisher for each of the relevant advertising services provided by the gatekeeper. (ga) refrain from using, in competition with business users, any data not publicly available, which is generated through or in the context of the use of the relevant core platform services or ancillary services by those business users including by the end users of these business users of its core platform services or ancillary services or provided by those business users of its core platform services or ancillary services or by the end users of these business users; (gb) from the moment of end users’ first use of any pre-installed core platform service on an operating system, prompt end-users to change the default settings for that core platform service to another option from among a list of the main third-party services available, and allow and technically enable end users to un-install pre-installed software applications on a core platform service at any stage without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties;

Article 6 Obligations for gatekeepers susceptible of being further specified

1 In respect of each deleted (aa) for its own commercial purposes, and the placement of third-party advertising in its core platform services identified pursuant to Article 3(7), a gatekeeper shall: (a) own services, refrain from using, in competition with business users, any combining personal data not publicly available, which is generated through activities by those business users, including by for the end users of these business users, of its core platform services or provided by those business users purpose of its core platform services delivering targeted or by the end users of these business users; (b) allow end users to un-install any pre-installed software applications on its core platform service without prejudice micro-targeted advertising, except if a clear, explicit, renewed, informed consent has been given to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of line with the operating system or of procedure laid down in the device and which cannot technically be offered on a standalone basis Regulation (EU) 2016/679 by third-parties; an end-user that is not a minor. deleted (c) allow and technically enable the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the relevant core platform services of that gatekeeper. The gatekeeper shall , where relevant, ask the end users to decide whether they want to make the downloaded application or application store their default setting. The gatekeeper shall not be prevented from taking proportionate measures that are both necessary and proportionate to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; gatekeeper or undermine end-user data protection or cyber security provided that such necessary and proportionate measures are duly justified by the gatekeeper ; (d) refrain from treating not treat more favourably in ranking or other settings, services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply transparent, fair and non-discriminatory conditions to such ranking; third party services or products ; (e) refrain from not restrict technically restricting or otherwise the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, services, including as regards the choice of Internet access provider for end users; (ea) refrain from practices that obstruct the possibility for the end-user to unsubscribe from a core platform service; (f) allow business users , providers of services and providers of hardware free of charge access to and interoperability with the same hardware and software features accessed or controlled via an operating system, provided that the operating system is identified pursuant to Article 3(7), that are available to services or hardware provided by the gatekeeper. Providers of ancillary services shall further be allowed access to and interoperability with the same operating system, hardware or software features , regardless of whether those software features are part of an operating system, that are available or used in to ancillary services provided by a gatekeeper. The gatekeeper shall not be prevented from taking indispensable measures to ensure that interoperability does not compromise the provision integrity of the operating system, hardware or software features provided by the gatekeeper or undermine end-user data protection or cyber security provided that such indispensable measures are duly justified by the gatekeeper. (fa) allow any providers of number independent interpersonal communication services upon their request and free of charge to interconnect with the gatekeepers number independent interpersonal communication services identified pursuant to Article 3(7). Interconnection shall be provided under objectively the same conditions and quality that are available or used by the gatekeeper, its subsidiaries or its partners, thus allowing for a functional interaction with these services, while guaranteeing a high level of security and personal data protection; (fb) allow any ancillary services; providers of social network services upon their request and free of charge to interconnect with the gatekeepers social network services identified pursuant to Article 3(7). Interconnection shall be provided under objectively the same conditions and quality that are available or used by the gatekeeper, its subsidiaries or its partners, thus allowing for a functional interaction with these services, while guaranteeing a high level of security and personal data protection. The implementation of this obligation is subjected to the Commission's specification under Article 10(2a); (g) provide advertisers and publishers, and third parties authorised by advertisers and publishers upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; inventory including aggregated and non-aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers ; (h) provide end users or third parties authorised by an end user, upon their request and free of charge, with effective portability of data generated through provided by the activity of a business user or end user and shall, or generated through their activity in particular, provide the context of the use on the relevant core platform service including by providing free of charge tools for end users to facilitate the effective exercise of such data portability, in line with Regulation EU (EU) 2016/679, and including by the provision of continuous and real-time access ; access; (i) provide business users, or third parties authorised by a business user, upon their request, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or and non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services or ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business users; this shall include, at the request of the business user, the possibility and necessary tools to access and analyse data ‘in-situ’ without a transfer from the gatekeeper; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ; (j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal data; (k) apply fair transparent, fair, reasonable and non-discriminatory general conditions of access and conditions that are not less favourable than the conditions applied to its own service for business users to its software application store core platform services designated pursuant to Article 3 of this Regulation. Article 5 – paragraph 2 2. For the purposes of point (a) (g a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform service or ancillary services of the gatekeeper.

Article 7 Compliance with obligations for gatekeepers

1 1. The measures implemented by the gatekeeper shall implement effective measures to ensure its compliance with the obligations laid down in Articles 5 and 6 , and shall be effective in achieving the objective of the relevant obligation. demonstrate that compliance, when called upon to do so . The gatekeeper shall ensure that these the measures are implemented in compliance that it implements comply with Regulation (EU) 2016/679 2016/679, and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety. 2 safety as well as with accessibility requirements for the persons with disabilities in accordance with Directive (EU) 2019/882 . 1a. Within six months after its designation and in application of paragraph 8 of Article 3, the gatekeeper shall provide the Commission with a report describing in a detailed and transparent manner the measures implemented to ensure compliance with the obligations laid down in Articles 5 and 6. This report shall be updated at least annually. 1b. Along with the report mentioned in paragraph 1a and within the same timeframe, the gatekeeper shall provide the Commission with a non-confidential summary of its report that will be published by the Commission without delay. The non-confidential summary shall be updated at least annually according to the detailed report. In order to comply with the obligations laid down in Article 6 and where the gatekeeper holds reasonable doubt as to the appropriate method or methods of compliance, the gatekeeper may request that the Commission engage in a process to receive and address requests for clarification and thereafter further specify relevant measures that the gatekeeper shall adopt in order to comply in an effective and proportionate manner with those obligations. Further specification of obligations laid down in Article 6 shall be limited to issues relating to ensuring effective and proportionate compliance with the obligations. When doing so, the Commission may decide to consult third parties whose views it considers necessary in relation to the measures that the gatekeeper is expected to implement. The duration of the process shall not extend beyond the period set out in Article 3(8), with the possibility for an extension of two months, at the discretion of the Commission, should the dialogue process have not been concluded prior to the expiry of the said period. The Commission shall retain discretion in deciding whether to engage in such a process, with due regard to principles of equal treatment, proportionality and due process. Where the Commission decides not to engage in such a process, it shall provide a written justification to the relevant gatekeeper. At the end of this process, the Commission may also by decision specify the measures that the gatekeeper concerned is to implement arising from the conclusion of this process set out in paragraph 1b. 2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall is to implement. The Commission shall adopt such a decision within six as soon as possible and in any event no later than four months from after the opening of proceedings pursuant to Article 18. 3 Paragraph 2 of this Article is without prejudice to the powers of the Commission under Articles 25, 26 and 27. 4 In 4. With a view of to adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three and publish a concise summary as soon as possible and, in any event no later than two months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures that it considers to take is considering taking or that it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. 5 In specifying the measures under paragraph 2, The Commission may decide to invite interested third parties to submit their observations within a time limit, which is fixed by the Commission in its publication. When publishing, due regard shall ensure that be given by the measures are effective in achieving Commission to the objectives legitimate interest of the relevant obligation and proportionate undertakings in the specific circumstances of the gatekeeper and the relevant service. 6 For the purposes of specifying the obligations under Article 6(1) points (j) and (k), the Commission shall also assess whether the intended or implemented measures ensure that there is no remaining imbalance protection of rights and obligations on business users and that the measures do not themselves confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to their business users. 7 secrets. 7. A gatekeeper may request within the implementation deadline of Article 3 (8) the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with In its request, the gatekeeper shall provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances. The Commission shall adopt its decision within six months from the opening of proceedings pursuant to Article 18.

Article 8 Suspension

1 1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, suspend , on an exceptional basis , in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by serviceby decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 within three months following after receipt of a complete reasoned request. 2 Where The suspension decision shall be accompanied by a reasoned statement explaining the grounds for the suspension. 2. Where suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either wholly or partly lift the suspension or decide that the conditions of paragraph 1 continue to be met. 3 The In cases of urgency, the Commission may, acting on a reasoned request by a gatekeeper, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties. parties , in particular smaller business users and consumers . The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.

Article 9 Exemption for overriding reasons of public interest

1 Exemption on grounds of public morality, public health or public security 1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), exempt it, in whole or in part, from a specific obligation laid down in Articles 5 and 6 in relation to an individual core platform service identified pursuant to Article 3(7), where such exemption is justified on the grounds set out in paragraph 2 of this Article. The Commission shall adopt the exemption decision at the latest 3 three months after receiving a complete reasoned request. 2 An Such decision shall be accompanied by a reasoned statement explaining the grounds for the exemption. 1a. Where the exemption is granted pursuant to paragraph 1, the Commission shall review its exemption decision every year. Following such a review the Commission shall either wholly or partially lift the exemption or decide that the conditions of paragraph 1 may only continue to be granted on grounds of: (a) public morality; (b) public health; (c) public security. 3 The met. In cases of urgency, the Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the grounds in paragraph 2 as well as the effects on the gatekeeper concerned and on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between the goals pursued by the grounds in paragraph 2 and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.

Article 10 Updating obligations for gatekeepers

1 1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the obligations laid down in 37 amending Articles 5 and 6 by adding obligations where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing that this is needed in order to address practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6. 1 A practice within Those delegated acts may only add new obligations to those listed under Articles 5 and 6. 1a. The Commission is empowered to adopt delegated acts in accordance with Article 37 supplementing this Regulation in respect of the meaning obligations laid down in Article 5 and 6. Those delegated acts shall provide for only the following: (a) the extent to which an obligation applies to certain core platform services; (b) the extent to which an obligation applies only to a subset of paragraph 1 business users or end users; or (c) how the obligations shall be considered performed in order to be unfair or limit ensure the contestability effectiveness of core platform services where: those obligations (a) there is an imbalance of rights and obligations on business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; users or (b) end users ; or 2a. In relation to the contestability obligation laid down in article 6(1) fb, the Commission shall adopt by … [18 months after the entry into force of markets is weakened as this Regulation] a consequence delegated act in accordance with Article 37 supplementing this Regulation by defining the appropriate scope and features for the interconnection of the gatekeepers online social networking services as well as standards or technical specifications of such a practice engaged interconnection. Such standards or technical specifications shall ensure high level of security and protection of personal data. When developing standards or technical specifications the Commission may consult standardisation bodies or other relevant stakeholders as foreseen in by gatekeepers. the in Regulation (EU) No 1025/2012.

Article 11 Anti-circumvention

1 Article 6a Anti-circumvention 1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. 1a. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by a gatekeeper, including any behaviour of the undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature. 2 nature, that, while formally, conceptually or technically distinct to a behaviour prohibited pursuant to Articles 5 and 6, is capable in practice of having an equivalent object or effect. 1b. The gatekeeper shall not engage in any behaviour discouraging interoperability by using technical protection measures, discriminatory terms of service, subjecting application programming interfaces to copyright or providing misleading information. 2. Where consent for collecting and collecting, processing and sharing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either to enable business users to directly obtain the required consent to their processing, where required to do so under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services. 3 3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult. difficult including by offering choices to the end-user in a non-neutral manner, or by subverting user's autonomy, decision-making, or choice via the structure, design, function or manner of operation of a user interface or a part thereof .

Article 12 Obligation to inform about concentrations

1 A gatekeeper shall inform the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules. A gatekeeper The Commission shall inform the Commission competent national authorities of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest. 2 The notification pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, as well as the rationale of the intended concentration. 3 notifications. 3. If, following any concentration as provided in paragraph 1, it is demonstrated that additional core platform services individually satisfy the thresholds in point (b) of Article 3(2), the gatekeeper concerned shall inform the Commission thereof within three months from the implementation of the concentration and provide the Commission with the information referred to in Article 3(2). 3a. The competent national authorities may use the information received under paragraph 1 to request the Commission to examine the concentration pursuant to Article 22 of Regulation (EC) No 139/2004. 3b. The Commission shall publish annually the list of acquisitions of which it has been informed by gatekeepers.

Article 13 Obligation of an audit

Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission and the Hight Level Group of Digital Regulators an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The Commission shall develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and procedure of the audit. The gatekeeper shall make publicly available an overview of the audited description referred to in the first paragraph, taking into account the need to respect business secrecy.

Chapter IV – Market investigation

Article 14 Opening of a market investigation

1 When the Commission intends to carry out a market investigation in view of the possible adoption of decisions pursuant to Articles 15, 16 and 17, it shall adopt a decision opening a market investigation. 2 The opening decision shall specify: (a) the date of opening of the investigation; (b) the description of the issue to which the investigation relates to; (c) the purpose of the investigation. 3 The Commission may reopen a market investigation that it has closed where: (a) there has been a material change in any of the facts on which the decision was based; (b) the decision was based on incomplete, incorrect or misleading information provided by the undertakings concerned. 3a. The Commission may also ask one or more competent national authorities to support its market investigation.

Article 15 Market investigation for designating gatekeepers

1 1. The Commission may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It The Commission shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelve months from the opening of the market investigation. 2 months. 2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within as soon as possible and in any case no later than six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6). 3 Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation within five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services within three months from the opening of the investigation. 4 deleted 4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper only the obligations laid down in Article 5(b) 5 and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. 6 . The Commission shall review such a designation in accordance with the procedure laid down in Article 4.

Article 16 Market investigation into systematic non-compliance

1 1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such that gatekeeper any such behavioural or structural remedies which are proportionate to the infringement committed effective and necessary to ensure compliance with this Regulation. The Commission shall , where appropriate, be entitled to require the remedies to be tested to optimise their effectiveness. The Commission shall conclude its investigation by adopting a decision within as soon as possible and in any event no later than twelve months from the opening of the market investigation. 2 The 1a. Pursuant to paragraph 1, the Commission may only impose structural remedies pursuant for a limited period restrict gatekeepers from making acquisitions in areas relevant to paragraph 1 either where there is no equally effective behavioural this Regulation provided that such restrictions are proportionate, and necessary in order to remedy the damage caused by repeated infringements or where any equally effective behavioural remedy would be more burdensome for to prevent further damage to the gatekeeper concerned than contestability and fairness of the structural remedy. 3 internal market. deleted 3. A gatekeeper shall be deemed to have engaged in a systematic non-compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least three two non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five ten years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article. 4 A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations. 5 deleted 5. The Commission shall communicate its objections to the gatekeeper concerned within six as soon as possible and in any event no later than four months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary on a preliminary basis, to be effective and proportionate. 6 The Commission may at any time during necessary. 6. In the course of the market investigation , the Commission may extend its duration where the such extension is justified on objective grounds and proportionate. The extension may apply to the deadline by which the Commission has to issue its objections, or to the deadline for adoption of the final decision. The total duration of any extension or extensions pursuant to this paragraph shall not exceed six months.The Commission may consider commitments pursuant months . 6a. In order to Article 23 and make them binding in ensure effective compliance by the gatekeeper with its decision. obligations laid down in Articles 5 or 6, the Commission shall regularly review the remedies that it imposes in accordance with paragraph 1 of this Article. The Commission shall be entitled to modify those remedies if, following an investigation, it finds that they are not effective.

Article 17 Market investigation into new services and new practices

The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 24 18 months from the opening of the market investigation. Where appropriate, that report shall: (a) (ba) The Commission shall be accompanied by a proposal to amend this Regulation in order entitled to include additional services within the digital sector in the list of core platform services laid down in point 2 of Article 2; (b) be accompanied by impose interim measures if there is a delegated act amending Articles 5 or 6 as provided risk of serious and immediate damage for in Article 10. business users or end users of gatekeepers.

Chapter V – Investigative, enforcement and monitoring powers

Article 18 Opening of proceedings

Where the Commission intends to carry out proceedings in view of the possible adoption of decisions pursuant to Article 7, 25 and 26, it shall adopt a decision opening a proceeding.

Article 19 Requests for information

1 1. The Commission may by simple request or by decision require information from undertakings and associations of undertakings to provide all necessary information, including for the purpose of monitoring, implementing and enforcing the rules laid down in this Regulation. The Commission may also request access to data bases and bases, algorithms of undertakings and information about testings and request explanations on those by a simple request or by a decision. 2 2. The Commission may request information from undertakings and associations of undertakings pursuant to paragraph 1 also prior to opening a market investigation pursuant to Article 14 or proceedings pursuant to Article 18. 3 When sending a simple request for information to an undertaking or association of undertakings, the Commission shall state the purpose of the request, specify what information is required and fix the time-limit within which the information is to be provided, and the penalties provided for in Article 26 for supplying incomplete, incorrect or misleading information or explanations. 4 14. 4. Where the Commission requires undertakings and associations of undertakings to supply information by decision, it shall state the purpose of the request, specify what information is required and fix the time-limit within which it is to be provided. Where the Commission requires undertakings to provide access to its data-bases and algorithms, it shall state the legal basis and the purpose of the request, specify what information is required and fix the time-limit within which it is to be provided. It shall also indicate the penalties provided for in Article 26 and indicate or impose the periodic penalty payments provided for in Article 27. It shall further indicate the right to have the decision reviewed by the Court of Justice. 5 The undertakings or associations of undertakings or their representatives shall supply the information requested on behalf of the undertaking or the association of undertakings concerned. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading. 6 At the request of the Commission, the governments and authorities of the Member States shall provide the Commission with all necessary information to carry out the duties assigned to it by this Regulation.

Article 20 Power to carry out interviews and take statements

The Commission , and the national competent authorities in accordance with Article 31c, may interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.

Article 21 Powers to conduct on-site inspections

1 The Commission may conduct on-site inspections at the premises of an undertaking or association of undertakings. 2 2. On-site inspections may also be carried out with the assistance of rotating auditors or experts appointed by the Commission pursuant to Article 24(2). 3 During on-site inspections the Commission and auditors or experts appointed by it may require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts. The Commission and auditors or experts appointed by it may address questions to key personnel. 4 Undertakings or associations of undertakings are required to submit to an on-site inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 26 and 27 and the right to have the decision reviewed by the Court of Justice.

Article 22 Interim measures

1 1. In case cases of urgency due to the risk of serious and irreparable immediate damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against on a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6. 2 2. A decision pursuant to paragraph 1 may shall only be adopted in the context of proceedings opened in with a view of to the possible adoption of a decision of non-compliance pursuant to Article 25(1). This That decision shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate. 2a. In cases of urgency due to the risk of serious and immediate damage to business users or end users of gatekeepers, resulting from new practices implemented by one or more gatekeepers that could undermine contestability of core platform services or that could be unfair pursuant to Article 10(2), the Commission may impose interim measures on the gatekeepers concerned in order to prevent such a risk materialising. 2b. A decision referred to in paragraph 2a of this Article shall only be adopted in the context of a market investigation pursuant to Article 17 and within 6 months of the opening of such an investigation. The interim measures shall apply for a specified period of time and, in any case, shall be renewed or withdrawn in order to take account of the final decision resulting from the market investigation pursuant to Article 17.

Article 23 Commitments

1 If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. 2 The Commission may, upon request or on its own initiative, reopen by decision the relevant proceedings, where: (a) there has been a material change in any of the facts on which the decision was based; (b) the gatekeeper concerned acts contrary to its commitments; (c) the decision was based on incomplete, incorrect or misleading information provided by the parties. 3 Should the Commission consider that the commitments submitted by the gatekeeper concerned cannot ensure effective compliance with the obligations laid down in Articles 5 and 6, it shall explain the reasons for not making those commitments binding in the decision concluding the relevant proceedings. deleted

Article 24 Monitoring of obligations and measures

1 1. The Commission may shall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23. 2 The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the Commission to monitor the obligations and measures and to provide specific expertise or knowledge to the Commission.

Artículo 24 b.

Article 24b Compliance function 1. Gatekeepers shall establish a compliance function, which is independent from the operational functions of the gatekeeper and appoint one or more compliance officers, including the head of the compliance function. 2. The gatekeeper shall ensure that compliance function pursuant to paragraph 1 has sufficient authority, stature and resources, as well as access to the management body of the gatekeeper to monitor the compliance of the gatekeeper with this Regulation. 3. Gatekeeper shall ensure that compliance officers appointed pursuant to paragraph 1 have the professional qualifications, knowledge, experience and ability necessary to fulfil the tasks referred to in paragraph 4. Gatekeeper shall also ensure that the head of the compliance function appointed pursuant to paragraph 1 is a senior manager with distinct responsibility for the compliance function and shall be independent from the operational functions and management body of the gatekeeper. 4. The head of the compliance function shall report directly to the management body of the gatekeeper and shall have the powers to raise concerns and warn that body where risks of non-compliance with this Regulation arise, without prejudice to the responsibilities of the management body in its supervisory and managerial functions. The head of the compliance function shall not be removed without prior approval of the management body of the gatekeeper. 5. Compliance officers appointed by the gatekeeper pursuant to paragraph 1 shall oversee compliance of the gatekeeper with the obligations in this Regulation, including at least the following tasks: (a) organising, monitoring and supervising the measures and activities of the gatekeepers that aim to ensure compliance with the obligations laid down in this Regulation; (b) informing and advising the management and employees of the gatekeeper about relevant obligations under this Regulation; (c) where applicable, monitoring compliance with commitments made binding pursuant to Article 23, without prejudice to the Commission being able to appoint independent external experts pursuant to Article 24(2). (d) cooperating with the Commission for the purpose of this Regulation. 6. Gatekeepers shall communicate the name and contact details of the head of the compliance function to the Commission. 7. The management body of the gatekeeper shall define, oversee and be accountable for the implementation of the governance arrangements of the gatekeeper that ensure independence of the compliance function, including the segregation of duties in the organisation of the gatekeeper and the prevention of conflicts of interest.

Artículo 24 a.

Article 24a Complaint mechanism 1. Business users, competitors, end-users of the core platform services as well as their representatives or other person with a legitimate interest may complain to the competent national authorities about any practice or behaviour by gatekeepers that falls into the scope of this Regulation, including non-compliance. The competent national authorities shall assess such complaints and shall report them to the Commission. The Commission shall examine whether there are reasonable grounds to open proceedings pursuant to Article 18 or a market investigation pursuant to Article 14. 2. Directive (EU) 2019/1937 shall apply to the complaints and the reporting of breaches of this Regulation and the protection of persons reporting such breaches.

Article 25 Non-compliance

1 deleted 1a. The Commission shall adopt a non-compliance its decision in accordance with the advisory procedure referred to in Article 32(4) where it finds that a gatekeeper does not comply with one or more of within 12 months from the following: (a) any opening of the obligations laid down in Articles 5 or 6; (b) measures specified in a decision adopted pursuant to Article 7(2); (c) measures ordered pursuant to Article 16(1); (d) interim measures ordered pursuant to Article 22; or (e) commitments made legally binding proceedings pursuant to Article 23. 2 18. 2. Before adopting the decision pursuant to paragraph 1, the Commission shall communicate its preliminary findings to the gatekeeper concerned. In the those preliminary findings, the Commission shall explain the measures it considers to take is considering taking or that it considers that the gatekeeper should take in order to effectively address the preliminary findings. 3 In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decision. 4 4. The gatekeeper shall provide the Commission with the description of the measures that it took has taken to ensure compliance with the decision adopted pursuant to paragraph 1. 5 Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision.

Article 26 Fines

1 1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not less than 4 % and not exceeding 10% 20 % of its total worldwide turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with: (a) any of the obligations pursuant to Articles 5 and 6; (b) the measures specified by the Commission pursuant to a decision under Article 7(2); (c) measures ordered pursuant to Article 16(1); (d) a decision ordering interim measures pursuant to Article 22; (e) a commitment made binding by a decision pursuant to Article 23. 2 The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 1% of the total turnover in (aa) the preceding financial year where they intentionally or negligently: (a) fail obligation to provide within the time-limit notify information that is required for assessing their designation as gatekeepers pursuant to Article 3(2) or supply incorrect, incomplete or misleading information; (b) fail 12; (ab) the obligation to notify information that is required pursuant to Article 12 13 or supply incorrect, incomplete or misleading information; (c) fail to submit the description that is required pursuant to Article 13; (d) supply incorrect, incomplete or misleading information or explanations that are requested pursuant to Articles 19 or Article 20; (e) fail to provide access to data-bases and algorithms pursuant to Article 19; (f) fail to rectify within a time-limit set by the Commission, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information on facts relating to the subject-matter and purpose of an inspection pursuant to Article 21; (g) refuse to submit to an on-site inspection pursuant to Article 21. 3 In fixing the amount of the fine, regard shall be had to the gravity, duration, recurrence, and, for fines imposed pursuant to paragraph 2, delay caused to the proceedings. 4 When a fine is imposed on an association of undertakings taking account of the turnover of its members and the association is not solvent, the association shall be obliged to call for contributions from its members to cover the amount of the fine. Where such contributions have not been made to the association within a time-limit set by the Commission, the Commission may require payment of the fine directly by any of the undertakings whose representatives were members of the decision-making bodies concerned of the association. After having required payment in accordance with the second subparagraph, the Commission may require payment of the balance by any of the members of the association which were active on the market on which the infringement occurred, where necessary to ensure full payment of the fine. However, the Commission shall not require payment pursuant to the second or the third subparagraph from undertakings which show that they have not implemented the infringing decision of the association and either were not aware of its existence or have actively distanced themselves from it before the Commission started investigating the case. The financial liability of each undertaking in respect of the payment of the fine shall not exceed 10 % of its total turnover in the preceding financial year. deleted deleted deleted

Article 27 Periodic penalty payments

1 The Commission may by decision impose on undertakings, including gatekeepers where applicable, periodic penalty payments not exceeding 5 % of the average daily turnover in the preceding financial year per day, calculated from the date set by that decision, in order to compel them: (a) to comply with the decision pursuant to Article 16(1); (b) to supply correct and complete information within the time limit required by a request for information made by decision pursuant to Article 19; (c) to ensure access to data-bases and algorithms of undertakings and to supply explanations on those as required by a decision pursuant to Article 19; (d) to submit to an on-site inspection which was ordered by a decision taken pursuant to Article 21; (e) to comply with a decision ordering interim measures taken pursuant to Article 22(1); (f) to comply with commitments made legally binding by a decision pursuant to Article 23(1); (g) to comply with a decision pursuant to Article 25(1). 2 2. Where the undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) set the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision. payment.

Article 28 Limitation periods for the imposition of penalties

1 1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a three five year limitation period. 2 Time shall begin to run on the day on which the infringement is committed. However, in the case of continuing or repeated infringements, time shall begin to run on the day on which the infringement ceases. 3 Any action taken by the Commission for the purpose of an investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments. The limitation period shall be interrupted with effect from the date on which the action is notified to at least one undertaking or association of undertakings which has participated in the infringement. Actions which interrupt the running of the period shall include in particular the following: (a) requests for information by the Commission; (b) on-site inspection; (c) the opening of a proceeding by the Commission pursuant to Article 18. 4 Each interruption shall start time running afresh. However, the limitation period shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which limitation is suspended pursuant to paragraph 5. 5 The limitation period for the imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.

Article 29 Limitation periods for the enforcement of penalties

1 The power of the Commission to enforce decisions taken pursuant to Articles 26 and 27 shall be subject to a limitation period of five years. 2 Time shall begin to run on the day on which the decision becomes final. 3 The limitation period for the enforcement of penalties shall be interrupted: (a) by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation; (b) by any action of the Commission or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine or periodic penalty payment. 4 Each interruption shall start time running afresh. 5 The limitation period for the enforcement of penalties shall be suspended for so long as: (a) time to pay is allowed; (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice.

Article 30 Right to be heard and access to the file

1 1. Before adopting a decision pursuant to Article 7, Article 8(1), Article 9(1), Articles 15, 16, 22, 23, 25 and 26 and Article 27(2), the Commission shall give the gatekeeper or undertaking or association of undertakings concerned including third parties with a legitimate interest, the opportunity of being heard on: (a) preliminary findings of the Commission, including any matter to which the Commission has taken objections; (b) measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2 2. Gatekeepers, undertakings and associations of undertakings concerned including third parties with a legitimate interest may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days. 3 3. The Commission shall base its decisions only on objections on which gatekeepers, undertakings and undertakings, associations of undertakings concerned and third parties with a legitimate interest have been able to comment. 4 The rights of defence of the gatekeeper or undertaking or association of undertakings concerned shall be fully respected in any proceedings. The gatekeeper or undertaking or association of undertakings concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

Artículo 30 a.

Article 30a Accountability 1. The Commission shall adopt an annual report on the state of the digital economy. This report shall provide an analysis of the market position, influence and business models of the gatekeepers in the common market. The report shall include a summary of its activities, in particular supervisory measures adopted under Chapter II and IV of this Regulation as well as an assessment on whether competition rules, the provisions of this Regulation (and Regulation XX/2021 DSA) and current enforcement levels are adequate to address anticompetitive conduct and ensure the contestability and fairness of digital markets. This annual report shall also include an assessment of the audit reports foreseen in Article 13 and a social impact assessment, which assesses new digital products and services and their potential impact on mental health, user behaviour, disinformation, polarisation and democracy. In the fulfilment of this mandate, the Commission shall coordinate its supervisory and monitoring efforts with those foreseen under the Digital Services Act, so as to achieve the best possible synergies. 2. The European Parliament through its competent committees may provide an opinion on an annual basis on the report by the Commission including proposals for market investigations into new services and new practices under Article 17. 3. The Commission shall reply in writing to the opinion adopted by the European Parliament as well as respond to any call for action concerning Article 17 therein, including providing justifications for foreseen inaction, and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt. 4. At the request of the European Parliament, the Commission shall participate in a hearing before the European Parliament. A hearing shall take place at least bi-annually. The respective Commissioner shall make a statement before the European Parliament and answer any questions from its members, whenever so requested. In addition, a continuous, high-level dialogue between the European Parliament and the Commission shall be ensured through exchanges, which take place no less than four times a year.

Article 31 Professional secrecy

1 1. The information collected pursuant to Articles 3, 12, 13, 19, 20 and , 21 and 31d shall be used only for the purposes of this Regulation. 2 1a. The information collected pursuant to Article 12 shall be used only for the purposes of this Regulation and Regulation (EC) No 139/2004. 1b. The information collected pursuant to Article 13 shall be used only for the purposes of this Regulation and Regulation (EU) 2016/679. 2. Without prejudice to the exchange and to the use of information provided for the purpose of use pursuant to Articles 12, 13, 31d, 32 and 33, the Commission, the authorities of the Member States, their officials, servants and other persons working under the supervision of these authorities and any natural or legal person, including auditors and experts appointed pursuant to Article 24(2), shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This obligation shall also apply to all representatives and experts of Member States participating in any of the activities of the Digital Markets Advisory Committee pursuant to Article 32.

Artículo 31 d.

Article 31d Cooperation and coordination with Member States 1. The Commission and Member States shall work in close cooperation and coordinate their enforcement actions to ensure coherent, effective and complementary enforcement of this Regulation. 2. Where a national authority intends to launch an investigation on gatekeepers based on national laws referred to in Article 1(6), it shall inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. This information may also be made available to the national competition authorities as well as other competent authorities of the other Member States. 3. Where a national authority intends to impose obligations on gatekeepers based on national laws referred to in Article 1(6), it shall, no later than 60 days before its adoption, communicate the draft measure to the Commission stating the reasons for the measure. This information may also be made available to the national competition authorities as well as other competent authorities of the other Member States. Where the Commission within those 60 days indicates to the national authority concerned that the draft measure runs counter to this Regulation or to a decision adopted by the Commission under this Regulation or contemplated in proceedings initiated by the Commission, that national authority shall not adopt the measure. 4. The Commission and the national competition authorities as well as other competent authorities of the Member States enforcing the rules referred to in Article 1(6) shall have the power to provide one another with any matter of fact or of law, including confidential information. 5. The national competition authorities as well as other competent authorities of the Member States enforcing the rules referred to in Article 1(6) may consult the Commission on any matter relating to the application of this Regulation.

Artículo 31 c.

Article 31c Role of national competition authorities and other competent authorities 1. National competition authorities as well as other competent authorities designated by the Member State shall support the Commission in monitoring compliance with and enforcement of the obligations laid down in this Regulation and report regularly to the Commission on compliance with this Regulation. 2. National competition authorities as well as other competent authorities may, under the coordination of the Commission, provide support to a market investigation or proceedings pursuant to Article 7(2), 15, 16, 17, 19, 20, 21 by collecting information and providing expertise. 3. National competition authorities as well as other competent authorities may collect complaints in accordance with the procedure laid down in Article 24a.

Artículo 31 b.

Article 31b Tasks of the European High-Level Group of Digital Regulators 1. The Group shall assist the Commission in ensuring the consistent application of this Regulation and monitoring its compliance by means of advice, expertise and recommendations. To that end, the Group shall have the following tasks: (a) to consider matters related to cooperation and coordination between the Commission and Member States in their enforcement actions by promoting the exchange of information and best practices about their work and decision-making principles and practices with the aim of developing a consistent regulatory approach; (b) to make recommendations to the Commission on the need to conduct market investigations under Articles 14, 15, 16 and 17; (c) to make recommendations to the Commission on the need to update the obligations of the Regulation under Articles 5 and 6; (d) to provide advice and expertise to the Commission in the preparation of legislative proposals and policy initiatives including under Article 38; (e) to provide advice and expertise to the Commission in the preparation of delegated acts; (f) where necessary, to provide advice and expertise in the early preparation of implementing acts, before submission to the committee in accordance with Regulation (EU) No 182/2011; and (g) at the request of the Commission, to provide technical advice and expertise before the adoption of a specification decision under Article 7. 2. The Group shall report every year on its activities to the European Parliament and offer recommendations and policy suggestions related to the enforcement of this Regulation and other matters contributing to the development of a consistent regulatory approach to the digital single market. 3. The Group shall establish its rules of procedure in line with Commission expert groups rules established by Commission decision C(2016)3301. 4. The Group meetings with stakeholders and gatekeepers shall be registered and published on a monthly basis in line with the EU transparency register.

Artículo 31 a.

Article 31a European High-Level Group of Digital Regulators 1. The Commission shall establish a European High-Level Group of Digital Regulators (the ‘Group’) in the form of an expert group, consisting of a representative of the Commission, a representative of relevant Union bodies, representatives of national competition authorities and representatives of other national competent authorities in specific sectors including data protection, electronic communications and consumer protection authorities. 2. For the purposes of paragraph 1, the relevant national competent authorities shall be represented in the group by their respective heads. In order to facilitate the work of the Group, the Commission shall provide it with a secretariat. 3. The work of the Group may be organised into expert working groups building cross-regulator specialist teams that provide the Commission with high level of expertise.

Article 32 Digital Markets Advisory Committee

1 The Commission 1a. For meetings in which specific issues are to bediscussed, Member States shall be assisted by entitled to appoint an additional representative from an authority with the Digital Markets Advisory Committee. That Committee shall be a Committee within relevant expertise for those issues. This is without prejudice to the meaning right of Regulation (EU) No 182/2011. 2 Where the opinion members of the committee is Committee to be obtained assisted by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request. 3 The Commission shall communicate other experts from the opinion Member States. 4a. Meetings of the Digital Markets Advisory Committee to and the addressee of an individual decision, together Commission with that decision. It representatives of gatekeepers and other stakeholders shall make the opinion public together with the individual decision, having regard to the legitimate interest be registered and published on a monthly basis in line with the protection of professional secrecy. 4 Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. EU transparency register.

Article 33 Request for a market investigation

1 When three 1. Two or more Member States national competition authorities or other competent national authorities may request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider Articles 15, 16, 17 or 25. Competent authority (ies) shall submit evidence in support of core platform services should be designated as a gatekeeper, the their request. The Commission shall within four months examine whether there are reasonable grounds to open such an investigation. 2 Member States Where the Commission considers that there are insufficient grounds for initiating proceedings, it may reject such request and inform the respective competent authority (ies) of its reasons. The Commission shall submit evidence in support publish the results of their request. its assessment. deleted

Chapter VI – General provisions

Article 34 Publication of decisions

1 The Commission shall publish the decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 22, 23(1), 25, 26 and 27. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed. 2 The publication shall have regard to the legitimate interest of gatekeepers or third parties in the protection of their confidential information.

Article 35 Review by the Court of Justice of the European Union

In accordance with Article 261 of the Treaty on the Functioning of the European Union, the Court of Justice of the European Union has unlimited jurisdiction to review decisions by which the Commission has imposed fines or periodic penalty payments. It may cancel, reduce or increase the fine or periodic penalty payment imposed.

Article 36 Implementing provisions

1 1. The Commission may adopt implementing acts concerning: 3, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30 (a) laying down detailed arrangements for the form, content and other details application of notifications and submissions pursuant to Article 3; (b) the following: (aa) the form, content and other details of the technical measures that gatekeepers shall implement in order on how choice is to ensure compliance with points (h), (i) be provided and (j) of consent is to be given, pursuant to Article 6(1). (c) 5 point (a); (ab) the form, content and other details of notifications and submissions made pursuant to Articles 12 on how information on price and 13; (d) the practical arrangements of extension of deadlines as provided in Article 16; (e) the practical arrangements of the proceedings concerning investigations pursuant remuneration are to Articles 15, 16, 17, and proceedings be given, pursuant to Articles 22, 23 and 25; (f) the practical arrangements for exercising rights to be heard provided for in Article 30; (g) the practical arrangements for the negotiated disclosure of information provided for in Article 30; 2 5 point (g); (ga) the practical arrangements for the cooperation and coordination between the Commission and Member States provided for in Article 1(7).Those 31d. 2. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 32(4). Before the adoption of any measures pursuant to paragraph 1, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the time limit it lays down, which may not be less than one month.

Artículo 36 a.

Article 36a Guidelines To facilitate the compliance of gatekeepers with and the enforcement of the obligations in Articles 5, 6, 12 and 13, the Commission may accompany the obligations set out in those Articles with guidelines, where the Commission deems that this is appropriate. Where appropriate and necessary, the Commission may mandate the standardisation bodies to facilitate the implementation of the obligations by developing appropriate standards.

Article 37 Exercise of the delegation

1 The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2 2. The power to adopt delegated acts referred to in Articles 3(6) and 9(1) 10 shall be conferred on the Commission for a period of five years from DD/MM/YYYY. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3 3. The delegation of power referred to in Articles 3(6) and 9(1) 10 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4 Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. 5 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6 A delegated act adopted pursuant to Articles 3(6) and 9(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Artículo 37 b.

Article 37b Amendments to Directive (EU) 2020/1828 on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I: ‘(X) Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act)’

Artículo 37 a.

Article 37a Amendment to Directive (EU) 2019/1937 In Part XX of the Annex to Directive (EU) 2019/1937, the following point is added: "Regulation (EU) …./… of the European Parliament and of the Council of … on XX (EU) 2021/XXX, and amending Directive (EU) 2019/1937 (OJ L …).

Article 38 Review

1 By DD/MM/YYYY, and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee. 2 The evaluations shall establish whether additional rules, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals. 3 Member States shall provide any relevant information they have that the Commission may require for the purposes of drawing up the report referred to in paragraph 1.

Article 39 Entry into force and application

1 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2 This Regulation shall apply from six two months after its entry into force. However Articles 3, 15, 18, 19, 20, 21, 26, 27, 30, 31 and 34 shall apply from [date of entry into force of this Regulation]. 3 This Regulation shall be binding in its entirety and directly applicable in all Member States.

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