DMA for Business Users of Gatekeepers
Business users of designated gatekeepers — third-party app developers, retailers selling via marketplaces, businesses advertising through gatekeeper search engines — gain a set of rights under Articles 5, 6, and 7. The DMA does not impose obligations on business users themselves; it grants them entitlements directly enforceable against gatekeepers.
Does DMA apply to business users of gatekeepers?
Business users do not have obligations under the DMA. Articles 5, 6, and 7 grant them directly enforceable rights against the seven designated gatekeepers (Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft, Booking.com).
- Anti-steering right (Article 5(4)): business users may communicate and contract with their end users outside the gatekeeper's core platform, including for offers and prices
- Data portability (Article 6(9)): end users have a right to free, real-time, continuous data portability — including via APIs — for data they or their business contacts generated
- FRAND access to app-store, search, social, and online-intermediation services (Article 6(12)): gatekeepers must provide access on fair, reasonable, and non-discriminatory terms
- Right to interoperability with operating-system features and hardware (Article 6(7)) — relevant for app and hardware developers
Who does DMA apply to?
The DMA applies to undertakings designated as gatekeepers by the Commission for one or more of ten 'core platform services' (CPS). Designation thresholds combine quantitative criteria with a qualitative assessment.
- Ten core platform services: online intermediation, search engines, social networking, video-sharing, communication services, operating systems, web browsers, virtual assistants, cloud computing, online advertising
- Quantitative gatekeeper thresholds: ≥ €7.5bn annual EU turnover (or ≥ €75bn market cap) and ≥ 45m monthly active EU end users and ≥ 10,000 yearly active EU business users
- Three CPS in each of the last three financial years
- Designated gatekeepers (as of 2026): Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft, Booking.com
What are the penalties for DMA non-compliance?
The DMA carries some of the highest penalty caps in EU regulation. Repeat infringements can trigger structural remedies, including divestitures.
| Maximum fine | Up to 10% of global annual turnover (20% for repeat infringements) |
When does DMA apply?
The DMA entered into force on 1 November 2022 and applied from 2 May 2023. The first gatekeeper designations were issued on 6 September 2023, with obligations applying six months later (6 March 2024).
- 2022-11-01 — Entry into force
- 2023-05-02 — Application date
- 2023-09-06 — First gatekeeper designations issued by the European Commission
- 2024-03-06 — Designated gatekeepers must comply with Articles 5, 6, 7 obligations
Maximum administrative fine under the DMA for repeated infringement of obligations under Articles 5, 6 or 7 by a designated gatekeeper.
Regulation (EU) 2022/1925, Article 30(2)
Next step — classify
Read the DMA gatekeeper-obligations guide
Targeted next step for business users of gatekeepers based on DMA scope.
Full DMA compliance guide for all sectors and personas.
DMA guideFor informational purposes only. This is not legal advice — consult qualified legal counsel.
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