๐ข The European Commission has issued its first fines under the Digital Markets Act (DMA): €500 million for Apple and €200 million for Meta.
Ex-ante obligations apply immediately – ignoring them has already cost companies hundreds of millions. Timely compliance is no longer optional; it’s critical.
๐ Who is affected and what should you do?
Affected companies: All businesses relying on platforms such as Apple App Store, Google Play, Meta platforms, or other digital “gatekeepers” to reach customers.
Immediate actions required:
- Audit your contracts with gatekeeper platforms.
- Align your marketing practices and payment options with the “steering” obligations – allowing customers to freely choose alternative payment methods.
- Monitor upcoming European Commission guidelines – repeat infringements risk fines up to 10% of global turnover.
โ Paul Q Recommendations
- Contract audit: Review whether your commercial agreements unlawfully restrict user choice or alternative payments.
- Marketing compliance: Ensure your communications allow and inform customers about off-platform payment options.
- Regulatory tracking: Follow EC enforcement trends – cases against Apple and Meta will set key precedents.
๐ Broader context: Innovation and geopolitics
- Opening up ecosystems: DMA reduces barriers for European developers and startups, enabling more innovation.
- Transatlantic friction: While Washington criticizes the magnitude of the fines, Brussels insists on fair market enforcement.
๐ฏ Bottom line: The Digital Markets Act is no longer just a regulatory ambition – it is a real enforcement tool. Early and active compliance can turn risk into competitive advantage.
๐ Need to check your DMA compliance readiness? Contact our team for a tailored compliance audit.
๐ Legal Summary for Professionals
- Legal basis: Regulation (EU) 2022/1925 of the European Parliament and Council on contestable and fair markets in the digital sector (“Digital Markets Act”).
- Entry into force: May 2, 2023; obligations apply six months after gatekeeper designation.
- Key obligations:
- Enabling “steering” (Article 5(4) and (5) DMA).
- Prohibition of self-preferencing.
- Data portability and interoperability obligations.
- Fines: Up to 10% of global turnover; up to 20% for repeated violations.
- Official source: DMA Regulation on EUR-Lex