European Union. Data access / sharing. Regulation (EU)
DMARegulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act)
In force
§1Summary
- Synopsis
Imposes conduct obligations on designated gatekeepers' core platform services. It bans combining or cross-using personal data across services without GDPR-valid consent, requires data portability and business-user data access, and requires disclosure of consumer profiling techniques for independent audit.
- Key themes
- Unique features
Art 5(2) imposes a consent requirement for data combination that goes beyond GDPR legitimate interest. Fines are up to 10% of turnover, 20% for repeat infringement.
- SaaS relevance
It mainly gives business users rights; a SaaS provider gains data access and portability rights against gatekeeper platforms rather than having obligations, unless designated.
§2Obligations
- Extraterritorial
- Yes
- Breach notification
- None
- DPO
- No
- Cross-border transfers
- None
- Maximum penalty
- 10% worldwide turnover (20% repeat)
§3Dates
- Key dates
- Adopted
- In force
- Applies from 2023-05-02; first gatekeepers designated 2023-09-06; compliance from 2024-03-07
§4Text and authority
- Text
- Authoritative text eur-lex.europa.eu
- Authority
- European Commission
§5Where it applies
§6Sources and verification
- Sources consulted
- Verification
High confidence.