{"id":421,"date":"2023-10-25T09:04:42","date_gmt":"2023-10-25T07:04:42","guid":{"rendered":"https:\/\/stage.usercentrics.com\/?post_type=knowledge&p=32247"},"modified":"2025-06-25T09:07:00","modified_gmt":"2025-06-25T07:07:00","slug":"role-of-gatekeepers-under-digital-markets-act","status":"publish","type":"knowledge","link":"https:\/\/usercentrics.com\/us\/knowledge-hub\/role-of-gatekeepers-under-digital-markets-act\/","title":{"rendered":"DMA gatekeepers: Their role and impact under the Digital Markets Act"},"content":{"rendered":"\n

The power and influence of large online platforms over smaller businesses and consumers cannot be understated. These platforms, known as gatekeepers under the Digital Markets Act, have the ability to shape the digital landscape and impact millions of businesses and consumers. The European Union has recognized the need to regulate these gatekeepers to ensure more fair competition and protection of users\u2019 data and privacy rights. This has led to the implementation of the Digital Markets Act (DMA)<\/a>, a regulation that aims to create a more level playing field in European digital markets.<\/p>\n\n\n\n

In this article, we will explore the role of gatekeepers under the Digital Markets Act (DMA). We will delve into the criteria for designation as a gatekeeper, the obligations imposed on these companies, and the consequences for noncompliance with this new regulation. Join us as we navigate the DMA and shed light on the implications for European businesses.<\/p>\n\n\n\n

What are gatekeepers under the Digital Markets Act?<\/h2>\n\n\n

The term \u2018gatekeepers\u2019 as designated by the European Commission (EC) refers to large tech corporations operating one or more core platform services (CPS)<\/strong>. These CPS are also identified by the EC due to their audience size, volume of data generated and processed, and influence on digital markets and consumers. The 23 CPS include web browsers, social media platforms, voice assistants, search engines, operating systems, video platforms, and more.<\/p>\n

By providing core platform services, gatekeepers serve as important gateways for businesses to reach end users. They collect and manage enormous amounts of user data, control access to popular and arguably essential services, and can potentially use their position to stifle competition and innovation.<\/p>\n

Gatekeepers have the ability to shape the online landscape and impact the success of businesses<\/strong> operating within it. With their vast reach and user base, gatekeepers have become the key players in the digital marketplace.<\/p>\n\n\n

Designation of gatekeepers under the Digital Markets Act<\/h2>\n\n\n

The gatekeeper companies were chosen based on specific criteria, and this designation has had varying responses from those companies, ranging from acceptance to strong disagreement. Analysis of large tech companies\u2019 role and influence in digital markets is ongoing, so it is entirely possible the list of gatekeeper companies may grow or change, as may the list of their core platform services.<\/p>\n

Criteria for designation as gatekeepers<\/h4>\n

To be designated as a gatekeeper under the DMA, a company must meet specific qualitative and quantitative criteria.<\/p>\n

The qualitative criteria include having a significant impact on digital markets, providing one or more core platform services that serves as an important intermediary between businesses and consumers<\/strong>, and having an entrenched and durable position in the market.<\/p>\n

The quantitative criteria involve meeting certain financial thresholds, such as having an annual turnover of at least \u20ac7.5 billion in the EU, or a market valuation of at least \u20ac75 billion<\/strong>. Additionally, gatekeepers must provide the same core platform services in at least three EU member states and have a substantial number of active end users and business users.<\/p>\n

The gatekeeper designation process<\/h4>\n

The designation of gatekeepers under the DMA follows a rigorous process. The European Commission is responsible for designating gatekeepers based on the qualitative and quantitative criteria outlined in the regulation. Gatekeepers that meet the thresholds for designation are presumed to meet the requirements unless they can successfully challenge the presumption.<\/p>\n

Gatekeepers have the opportunity to dispute the quantitative criteria by providing evidence and arguments to demonstrate that they do not meet the qualitative criteria<\/strong>. The Commission may also conduct market investigations to assess the designation of gatekeepers and consider additional factors such as turnover, market capitalization, number of users, network effects, and more.<\/p>\n

Gatekeepers designated by the European Commission under the Digital Markets Act<\/h4>\n

The seven companies currently designated as gatekeepers by the European Commission include five US-based, one EU-based, and one Chinese-based company. They all have European operations and users. The gatekeepers are:<\/p>\n