§ Digital Markets Act · Article 13

DMA Article 13: Obligations, Deadlines & Penalties

Regulation (EU) 2022/1925, Article 13 · All obligations · Digital Markets Act
At a glance
Article 13 of the DMA imposes 6 obligations on gatekeeper, undertaking providing core platform services.
§ Obligations

All obligations under Article 13

Obligation 1
An undertaking providing core platform services shall not segment, divide, subdivide, fragment or split those services through contractual, commercial, technical or any other means in order to circumvent the quantitative thresholds laid down in Article 3(2). Regulation (EU) 2022/1925, Article 13, Article 13
Obligated entity
undertaking providing core platform services
Action required
not segment
Deadline
Penalty
Obligation 2
The gatekeeper shall ensure that the obligations of Articles 5, 6 and 7 are fully and effectively complied with. Regulation (EU) 2022/1925, Article 13, Article 13
Obligated entity
gatekeeper
Action required
ensure compliance
Deadline
Penalty
Obligation 3
The gatekeeper shall not engage in any behaviour that undermines effective compliance with the obligations of Articles 5, 6 and 7 regardless of whether that behaviour is of a contractual, commercial or technical nature, or of any other nature, or consists in the use of behavioural techniques or interface design. Regulation (EU) 2022/1925, Article 13, Article 13
Obligated entity
gatekeeper
Action required
not engage in undermining behaviour
Deadline
Penalty
Obligation 4
Where consent for collecting, processing, cross-using and sharing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps either to enable business users to directly obtain the required consent to their processing, where that consent is required under Regulation (EU) 2016/679 or Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways, including by providing business users with duly anonymised data where appropriate. Regulation (EU) 2022/1925, Article 13, Article 13
Obligated entity
gatekeeper
Action required
take necessary steps for consent
Deadline
Penalty
Obligation 5
The gatekeeper shall not make the obtaining of that consent by the business user more burdensome than for its own services. Regulation (EU) 2022/1925, Article 13, Article 13
Obligated entity
gatekeeper
Action required
not make consent more burdensome
Deadline
Penalty
Obligation 6
The gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5, 6 and 7, or make the exercise of those rights or choices unduly difficult, including by offering choices to the end-user in a non-neutral manner, or by subverting end users’ or business users' autonomy, decision-making, or free choice via the structure, design, function or manner of operation of a user interface or a part thereof. Regulation (EU) 2022/1925, Article 13, Article 13
Obligated entity
gatekeeper
Action required
not degrade conditions or quality
Deadline
Penalty
§ Cross-regulatory issues

Conflicts, overlaps and gaps

OVERLAP (unreviewed) high
DMA Art. 13 ↔ DSA Art. 25
[entity affected: gatekeeper / provider of online platforms] Both regulations prohibit manipulative or deceptive practices, with DMA focusing on undermining compliance and DSA focusing on dark patterns that distort user choice.
See DSA Article 25 obligations →
§ Frequently asked

Questions about Article 13

Who must comply with Article 13 of the DMA? +
gatekeeper, undertaking providing core platform services.
What does Article 13 of the DMA require? +
not segment ensure compliance not engage in undermining behaviour
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