§ Digital Markets Act · Article 23
DMA Article 23: Obligations, Deadlines & Penalties
At a glance
Article 23 of the DMA imposes 7 obligations on Commission, Commission officials and accompanying persons, Commission or national competent authority and 4 other entity type(s). At least one obligation carries an explicit compliance deadline. Non-compliance may result in administrative fines or other penalties.
§ Obligations
All obligations under Article 23
Obligation 1
Undertakings or associations of undertakings must submit to an inspection ordered by a Commission decision.
Regulation (EU) 2022/1925, Article 23, Article 23
- Obligated entity
-
undertaking or association of undertakings
- Action required
-
submit
- Deadline
-
—
- Penalty
-
fines and periodic penalty payments provided for in Articles 30 and 31
Obligation 2
Officials and accompanying persons must exercise their powers upon production of a written authorisation specifying the subject matter, purpose, and applicable fines.
Regulation (EU) 2022/1925, Article 23, Article 23
- Obligated entity
-
Commission officials and accompanying persons
- Action required
-
produce
- Deadline
-
—
- Penalty
-
—
Obligation 3
The Commission must give notice of the inspection to the national competent authority of the Member State in whose territory it is to be conducted in good time before the inspection.
Regulation (EU) 2022/1925, Article 23, Article 23
- Obligated entity
-
Commission
- Action required
-
notify
- Deadline
-
in good time before the inspection
- Penalty
-
—
Obligation 4
Officials of the national competent authority must actively assist Commission officials and accompanying persons at the request of that authority or the Commission.
Regulation (EU) 2022/1925, Article 23, Article 23
- Obligated entity
-
national competent authority officials
- Action required
-
assist
- Deadline
-
—
- Penalty
-
—
Obligation 5
The Member State concerned must afford necessary assistance, including requesting police assistance if appropriate, when an undertaking opposes an inspection.
Regulation (EU) 2022/1925, Article 23, Article 23
- Obligated entity
-
Member State
- Action required
-
assist
- Deadline
-
—
- Penalty
-
—
Obligation 6
The Commission or national competent authority must apply for judicial authorisation if national rules require it for the assistance provided to conduct an inspection.
Regulation (EU) 2022/1925, Article 23, Article 23
- Obligated entity
-
Commission or national competent authority
- Action required
-
apply
- Deadline
-
—
- Penalty
-
—
Obligation 7
The national judicial authority must verify that the Commission decision is authentic and that coercive measures are neither arbitrary nor excessive.
Regulation (EU) 2022/1925, Article 23, Article 23
- Obligated entity
-
national judicial authority
- Action required
-
verify
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 23
Who must comply with Article 23 of the DMA?
+
Commission, Commission officials and accompanying persons, Commission or national competent authority, Member State, national competent authority officials, national judicial authority, undertaking or association of undertakings.
What does Article 23 of the DMA require?
+
submit produce notify
What is the compliance deadline for DMA Article 23?
+
in good time before the inspection
What are the penalties for non-compliance with DMA Article 23?
+
fines and periodic penalty payments provided for in Articles 30 and 31