§ Digital Markets Act · Article 13
DMA Article 13: Obligations, Deadlines & Penalties
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.
§ 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