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Understanding the European Digital Markets Act (DMA law) and its impact on businesses

Resources / Blog / Understanding the European Digital Markets Act (DMA law) and its impact on businesses
Summary

The European Union’s Digital Markets Act (DMA) is one of the most significant regulatory developments since the introduction of the General Data Protection Regulation (GDPR). Its focus on fairness, transparency, and competition is reshaping the way that the designated gatekeepers, businesses, developers, and users work, play, and otherwise interact in the online ecosystem.

For businesses, understanding the DMA is not explicitly about avoiding fines. But it is about future-proofing marketing and data privacy practices to align with ongoing developments in the gatekeepers’ policies. Few companies doing business in global digital markets can risk losing access to the ads, analytics, and other platforms they rely on.

Understanding the DMA is also about preparing for long-term structural changes in how digital platforms operate, how businesses reach customers, how companies can exercise influence, and how user rights are enforced.

We look at the DMA and its impact on data privacy requirements (including consent management), the evolution of web technologies, and the effects on businesses of different sizes, maturity, and industries.

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  • The Digital Markets Act (DMA) is an EU regulation to ensure fairness, transparency, and competition in digital markets.
  • DMA timeline: EC submits DMA proposal to European Parliament in December 2020; DMA text adopted in December 2021; formally adopted in July 2022; DMA comes into force May 2023; noncompliance investigations begin in March 2024.
  • Designated gatekeepers to date are large online platforms: Alphabet (Google), Apple, Meta (Facebook), Amazon, Microsoft, Booking.com, and ByteDance (TikTok.)
  • Business impacts: Startups and SMBs gain opportunities, plus there are more data privacy protections for consumers. Large enterprises have to manage compliance risks.
  • Stronger rules for consent management, including related to cookie banners, CMPs, and user consent flows.
  • Web development: Mandatory requirements for gatekeepers including interoperability, APIs, and alternative payment systems.
  • User data privacy: Enhanced rights for data access, portability, and transparency under the DMA and GDPR.
  • Compliance roadmap: Gatekeepers need to audit practices, update CMPs, monitor gatekeeper changes, and stay proactive. To maintain compliance, these companies have passed down policy requirements to other companies using their platforms.

The Digital Markets Act (DMA) is an EU regulation designed to enhance data privacy, control the influence of large global tech companies, and ensure fair competition in digital markets. 

The DMA designates “gatekeepers”, which are large online platforms with considerable influence over smaller businesses, consumers, and global digital markets. These gatekeepers are the entities required to comply with the DMA’s requirements. 

As of late 2025, seven have been designated, but in the future existing ones could be removed (e.g. Samsung was initially considered) and new ones could be added.

In order for gatekeepers to comply with the Act’s requirements, like enhancements to data privacy, they need to ensure compliance throughout their ecosystems. Some have created or updated policies with requirements for smaller partner organizations. 

While smaller companies would not be fined under the DMA for not complying with gatekeepers’ requirements, they could lose access to functions on their platforms, or access to the platforms entirely.

The gatekeepers control critical digital services, such as online search engines, app stores, ecommerce platforms, payment processors, web browsers, messaging services, and social networks. By imposing strict requirements across the EU, the DMA seeks to:

Digital Markets Act summary

The EU DMA law applies to companies that meet criteria for gatekeeper designation, which include significant impact on EU digital markets (though all the gatekeepers are global enterprises), have a large base of business and end users, and entrenched market positions.

At its core, the DMA provides a list of do’s and don’ts for the designated gatekeepers. The Act has a number of key objectives meant to curb potentially anti-competitive business behaviors. These include:

The DMA’s jurisdiction, like with the GDPR, is business operations in the European Union (EU) and European Economic Area (EEA).

Digital Markets Act timeline

The Digital Markets Act was proposed along with the Digital Services Act (DSA), with the combined legislation referred to as the Digital Services Act package. The DSA governs online content, safety, and liability.

Digital Markets Act gatekeepers

Article 3 of the DMA outlines the criteria defining a gatekeeper position. Companies had to notify the EC by July 2023 if they met these thresholds. They include:

When the DMA came into effect in 2023, there were six gatekeepers designated, with Booking.com added in May 2024:

The original six gatekeepers had until March 2024 to comply with the law, and Booking.com had to comply by November 2024.

Core platform services under the DMA law

Operating one or more core platform services (CPS) is one of the criteria for gatekeeper designations, and to date these CPS are:

Gatekeepers’ obligations under the DMA law

The EC published a list of obligations for the designated gatekeepers, in the form of a do’s and don’ts list.

Do’s for gatekeepers

✅ Allow third-party interoperability with the gatekeeper’s own services in specific circumstances.

✅ Allow their business users to access the data that they generate in their use of the gatekeeper’s platform.

✅ Provide companies advertising on their platform with the tools and information necessary for advertisers and publishers to carry out their own independent verification of their advertisements hosted by the gatekeeper.

✅ Allow their business users to promote their offers and conclude contracts with their customers outside the gatekeeper’s platform.

Don’ts for gatekeepers

❌ Treat services and products offered by the gatekeeper itself more favorably in ranking than similar services or products offered by third parties on the gatekeeper’s platform.

❌ Prevent consumers from linking up to businesses outside their platforms.

❌ Prevent users from uninstalling any preinstalled software or app if they wish so.

❌ Track end users outside of the gatekeepers’ core platform service for the purpose of targeted advertising, without valid consent having been granted.

Consumers’ rights and benefits under the DMA

Among the biggest benefits of the DMA for European consumers online is increased protections and choice. With the goal of spurring competition, companies — including the gatekeepers — have motivation to improve their products and services. The main benefits of the DMA law for consumers are:

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EU Digital Markets Act enforcement

The European Commission is the sole enforcement body for the DMA in the EU. Potential penalties are substantial, and exceed those for GDPR violations. The EC can levy fines of up to 10 percent of total global revenue for the preceding year, or up to 20 percent for repeated infringements (Article 30 of the DMA.) There can also be structural remedies required, including divestments when there’ve been repeat infractions.

The EC didn’t waste any time beginning investigations or enforcement, either. In April 2025, Apple was fined EUR 500 million and Meta was fined EUR 200 million for breach of the anti-steering obligation (obligation to give consumers the choice of a service that uses less of their personal data.)

In September 2025 Google was fined an unprecedented EUR 2.95 billion for breaching antitrust rules in advertising.

The European Digital Markets Act impact on businesses

The DMA’s effects are not limited to gatekeepers. Its ripple effects reach every business of every size that operates digitally in Europe.

As noted, some of the gatekeepers have taken actions to enable DMA compliance throughout their business ecosystems. For example, Google established new privacy rules in March 2024, accompanied by enforcement of its EU user consent policy.

The Digital Markets Act and large enterprises

Large companies are likely to have significant investment into the gatekeepers’ platforms. As a result, that is likely to be accompanied by more requirements for compliance with new or updated policies and associated financial and resource costs for internal audits, process and operational updates, and ongoing maintenance.

Again, while third-party companies don’t directly have to comply with the DMA, if they do business in Europe they likely do have to comply with other regulations and frameworks that have some similar requirements, including the GDPR, ePrivacy (as implemented on a national basis), AI Act, and others. 

On the plus side, there are potential benefits to the DMA for large enterprises, including:

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The Digital Markets Act and SMBs and startups

Like with consumers, the DMA brings freedom and flexibility to smaller companies that have traditionally had minimal control or access to the big platforms they relied on. Key benefits of the DMA law for small businesses and startups include:

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The DMA and web development

The DMA brings new requirements for tech teams, but also raises industry-wide standards and helps streamline processes and protect businesses. The major requirements and benefits of the DMA for web development are:

The DMA joins the GDPR in making explicit, opt-in consent a requirement for the gatekeepers’ core platform services. This helps raise the privacy baseline across the digital ecosystem, since, as noted, the gatekeepers can enact policies that their customers need to comply with. 

This also strengthens user rights and control over their data and its use, including choosing which cookies/trackers are allowed, updating consent preferences or withdrawing them later, and being able to port a copy of their data to new providers. 

Because gatekeepers must prove valid consent — and face steep penalties if they can’t — there’s a push for standardized consent signaling and documentation. That benefits privacy operations across the board by clarifying for all companies how consent must be captured, stored, signaled, and documented. 

This standardization includes wide-scale use of tools like Consent Mode with a Google-certified CMP, so systems across the web, app, and other connected platforms can send and receive consent signals and respect user choice (and provide proof of compliance to regulators), protecting businesses of all sizes, and consumers’ privacy.

And of course, better consent practices translate into greater transparency by companies, which helps grow long-term trust and engagement. Customers see clearer explanations of data use and can make informed choices that put them in control. 

Businesses incorporate practices that support sustainable growth, protect operations — both on and outside of the gatekeepers’ platforms — and enable them to obtain more high-quality data for marketing.

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The Digital Markets Act and the digital ecosystem

The Digital Markets Act represents a significant step towards protecting user privacy and promoting fair competition in the digital sector. By imposing obligations on influential gatekeepers and enhancing user control over personal data, the EU DMA law aims to create a more transparent and user-centric digital ecosystem.

That means greater protections for both consumers and companies, as well as more competition and innovation (for better products, services, and customer experience), and standardized tech and compliance mechanisms and data flow. 

As seen by reviews and fines already levied, the DMA law’s implementation is not without detractors, but at the end of the day it’s a blueprint for more sustainable, innovative, competitive, user-friendly, and privacy-first digital markets.

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Celestine Bahr
Director Legal, Compliance & Data Privacy, Usercentrics GmbH
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