Online Marketing

Digital Markets Act: EU Gatekeeper Regulations Guide

Explore the Digital Markets Act. Understand gatekeeper rules, competition requirements, data portability, and penalties for non-compliance in the EU.

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The Digital Markets Act (DMA) is a European Union regulation that ensures large digital platforms behave fairly and digital markets remain open to competition. It prevents dominant tech companies, known as "gatekeepers," from using their market power to suppress smaller rivals or trap users in closed ecosystems. Marketers and SEO practitioners must understand the DMA because it fundamentally changes how search results appear, how user data is shared, and how businesses can reach customers on major platforms like Google, Meta, and Apple.

What is the Digital Markets Act?

The DMA establishes objective criteria to identify "gatekeepers"—large platforms that provide core services like search engines, app stores, and social networks. These companies must follow a strict set of obligations (dos) and prohibitions (donts) to ensure they do not abuse their dominant position.

To be designated as a gatekeeper, a company must meet specific financial and user thresholds. This includes having a [market capitalization of at least €75 billion or an annual turnover of €7.5 billion in the European Economic Area for three years] (European Commission). Additionally, the service must have [more than 45 million monthly active end users in the EU and 10,000 yearly active business users] (European Commission).

Designated gatekeepers include Alphabet (Google), Amazon, Apple, ByteDance (TikTok), Meta (Facebook/Instagram), Microsoft, and Booking.com.

Why Digital Markets Act matters

The DMA reshapes the digital landscape by stripping away the "unfair" advantages previously held by Big Tech. For marketers, this creates both opportunities for visibility and new technical requirements for data compliance.

  • Contestable search results: Google can no longer favor its own products, such as Google Flights or Google Shopping, over competitors in search rankings.
  • Reduced platform dependency: Businesses are no longer forced to use a gatekeeper's specific payment system or identity service to operate on their platforms.
  • Browser and search choice: Users now see "choice screens," allowing them to select their preferred default browser and search engine instead of being forced into using Safari or Google Chrome.
  • Data portability: Marketers can access more data generated by their business activities on these platforms, enabling better independent performance measurement.
  • Ad transparency: Gatekeepers must provide advertisers and publishers with information about the prices paid and remuneration received for ad publishing.

How Digital Markets Act works

The regulation applies to specific sectors called Core Platform Services (CPS). These include search engines, online marketplaces, app stores, social networks, video-sharing platforms, messaging services, operating systems, and advertising services.

The "Dos": Mandatory Actions

Gatekeepers must allow their business users to promote their own offers and conclude contracts with customers outside the gatekeeper's platform. They must also ensure that users can easily uninstall pre-installed apps and change default settings on operating systems. Messaging services like WhatsApp must eventually become interoperable, allowing users to exchange messages across different apps.

The "Don'ts": Prohibited Actions

The DMA prohibits gatekeepers from ranking their own products more favorably than those of third parties in search results. Companies are also banned from [combining personal data collected from one service with data from another service without explicit user consent] (European Commission). For example, Meta cannot automatically combine Facebook data with WhatsApp data for advertising purposes unless the user opts in.

Enforcement and Penalties

The European Commission enforces these rules and can conduct market investigations to monitor compliance. If a gatekeeper violates the rules, they face [fines of up to 10% of their annual worldwide turnover, rising to 20% for repeated infringements] (European Commission). In early 2025, the Commission issued its first major penalties, [fining Apple €500 million and Meta €200 million for DMA violations] (The New York Times).

Best practices

  • Diversify traffic sources: Take advantage of the new choice screens and the removal of self-preferencing defaults to build visibility on rising browsers and search engines.
  • Request performance data: Use your rights under the DMA to request ad performance and pricing metrics from gatekeepers to verify your ROI independently.
  • Optimize for "Carousel" results: In search results for hotels or flights, optimize your listings for the new carousels that feature independent booking sites rather than just Google's proprietary tools.
  • Prioritize user consent: Ensure your data collection pipelines respect the new consent prompts, as gatekeepers can no longer bundle data across services by default.
  • Enable sideloading options: If you are an app developer, explore distributing your software through third party app stores or direct downloads on iOS and Android.

Common mistakes

Mistake: Assuming the DMA only applies to companies based in Europe. Fix: The DMA applies to any gatekeeper providing services to users in the EU, regardless of where the company is headquartered.

Mistake: Relying on gatekeepers to automatically share your business data. Fix: You must proactively request access to performance measuring tools and data generated by your business users as permitted under Article 6 of the act.

Mistake: Bundling user data across different platforms without new consent. Fix: Update your privacy frameworks to ensure users give specific, separate consent for their data to be used across different core services, even if those services are owned by the same company.

Mistake: Ignoring choice screens. Fix: Monitor how your brand appears on alternative browsers and search engines, as [independent browsers like Aloha saw EU users jump 250% in March 2024] (Reuters) following the implementation of choice screens.

Examples

  • Google Search results: When searching for a flight in the EU, the Google Flights map and button are often replaced or supplemented by blue links and carousels pointing to sites like Expedia or Skyscanner.
  • Browser choice screens: Upon setting up a new iPhone or Android device in the EU, users are presented with a list of browsers (like Ecosia, DuckDuckGo, or Vivaldi) and must choose one as their default.
  • App Store changes: Apple now allows developers to use alternative payment systems within their apps in the EU, rather than forcing the use of Apple's in-app purchase system with its associated commissions.
  • Microsoft Windows: Users in the European Economic Area can now uninstall the Edge browser and Bing search, which were previously integrated into the operating system.

Digital Markets Act vs Digital Services Act

While often discussed together, the DMA and DSA target different problems in the digital sector.

Feature Digital Markets Act (DMA) Digital Services Act (DSA)
Primary Goal Market fairness and competition. Content safety and user protection.
Targets Large "Gatekeepers" only. All digital intermediaries (ISPs, hosting, etc.).
Focus Business-to-business and economic power. Illegal content, disinformation, and transparency.
Sanctions Up to 10%–20% of global turnover. Up to 6% of global turnover.
Key Example Allowing third-party app stores. Removing hate speech or illegal products.

FAQ

What is a gatekeeper under the DMA? A gatekeeper is a large digital platform that serves as an essential bottleneck between business users and consumers. To qualify, a company must have a significant economic impact (evidenced by revenue or market cap), provide a core platform service like an operating system or search engine, and have a durable, stable position in the market.

How does the DMA affect Google Search results? The DMA prohibits Google from self-preferencing its own services. This means in categories like travel, shopping, or local search, Google cannot rank its own tools (e.g., Google Shopping) at the top of the page while pushing competitors down. Marketers may see more diversified search engine results pages (SERPs) with more space for independent aggregators.

When did the DMA start applying? The regulation entered into force on November 1, 2022, and became mostly applicable on May 2, 2023. Gatekeepers were required to be in full compliance with all provisions by [March 6, 2024] (European Commission).

Can I now install apps on an iPhone without using the App Store? Yes, for users in the European Union. The DMA requires gatekeepers like Apple to allow "sideloading," which is the installation and use of third-party software applications or app stores that interoperate with the operating system.

What happens if a company ignores the DMA? The European Commission can impose massive financial penalties. Beyond fines of up to 20% of worldwide revenue for repeat offenders, the Commission has the power to impose behavioral or structural remedies, which could include forcing a company to sell parts of its business if they systematically infringe on the rules.

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