§ Digital Markets Act · Article 5
DMA Article 5: Obligations, Deadlines & Penalties
At a glance
Article 5 of the DMA imposes 16 obligations on gatekeeper. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 5
Obligation 1
The gatekeeper shall comply with all obligations set out in this Article with respect to each of its core platform services listed in the designation decision.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
comply
- Deadline
-
—
- Penalty
-
—
Obligation 2
The gatekeeper shall not process personal data of end users using services of third parties that make use of core platform services of the gatekeeper for the purpose of providing online advertising services.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Sector scope
- online advertising services
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
Obligation 3
The gatekeeper shall not combine personal data from the relevant core platform service with personal data from any further core platform services, other services provided by the gatekeeper, or third-party services.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
Obligation 4
The gatekeeper shall not cross-use personal data from the relevant core platform service in other services provided separately by the gatekeeper, including other core platform services, and vice versa.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
Obligation 5
The gatekeeper shall not sign in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and has given consent.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
- Exemptions
- end user consent
Obligation 6
Where consent for combining personal data has been refused or withdrawn, the gatekeeper shall not repeat its request for consent for the same purpose more than once within a period of one year.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
one year
- Penalty
-
—
Obligation 7
The gatekeeper shall not prevent business users from offering the same products or services to end users through third-party online intermediation services or their own direct online sales channel at different prices or conditions.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
Obligation 8
The gatekeeper shall allow business users, free of charge, to communicate and promote offers to end users acquired via its core platform service or other channels, and to conclude contracts with those end users.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
allow
- Deadline
-
—
- Penalty
-
—
Obligation 9
The gatekeeper shall allow end users to access and use content, subscriptions, features or other items through its core platform services by using the software application of a business user, even if acquired without using the gatekeeper's services.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
allow
- Deadline
-
—
- Penalty
-
—
Obligation 10
The gatekeeper shall not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with relevant Union or national law by the gatekeeper with any relevant public authority.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
Obligation 11
The gatekeeper shall not require end users to use, or business users to use, an identification service, web browser engine, or payment service of that gatekeeper in the context of services provided by business users.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
Obligation 12
The gatekeeper shall not require business users or end users to subscribe to, or register with, any further core platform services as a condition for being able to use, access, sign up for or register with any of that gatekeeper’s core platform services.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Action required
-
prohibit
- Deadline
-
—
- Penalty
-
—
Obligation 13
The gatekeeper shall provide each advertiser, upon request, with information on a daily basis free of charge concerning each advertisement placed, including price, fees, publisher remuneration (subject to consent), and metrics.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Sector scope
- online advertising services
- Action required
-
provide
- Deadline
-
daily
- Penalty
-
—
Obligation 14
If a publisher does not consent to sharing remuneration information, the gatekeeper shall provide each advertiser free of charge with information concerning the daily average remuneration received by that publisher.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Sector scope
- online advertising services
- Action required
-
provide
- Deadline
-
daily
- Penalty
-
—
Obligation 15
The gatekeeper shall provide each publisher, upon request, with free of charge information on a daily basis concerning each advertisement displayed, including remuneration, fees, advertiser price (subject to consent), and metrics.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Sector scope
- online advertising services
- Action required
-
provide
- Deadline
-
daily
- Penalty
-
—
Obligation 16
If an advertiser does not consent to sharing price information, the gatekeeper shall provide each publisher free of charge with information concerning the daily average price paid by that advertiser.
Regulation (EU) 2022/1925, Article 5, Article 5
- Obligated entity
-
gatekeeper
- Sector scope
- online advertising services
- Action required
-
provide
- Deadline
-
daily
- Penalty
-
—
§ Frequently asked
Questions about Article 5
Who must comply with Article 5 of the DMA?
+
gatekeeper.
What does Article 5 of the DMA require?
+
comply prohibit allow
What is the compliance deadline for DMA Article 5?
+
daily; one year