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Chapter III – Practices of Gatekeepers that limit contestability or are unfair (Art. 5-15)

Art. 5 DMA - Obligations for gatekeepers arrow_right_alt

Art. 6 DMA - Obligations for gatekeepers susceptible of being further specified under Article 8 arrow_right_alt

Art. 7 DMA - Obligation for gatekeepers on interoperability of number-independent interpersonal communications services arrow_right_alt

Art. 8 DMA - Compliance with obligations for gatekeepers arrow_right_alt

Art. 9 DMA - Suspension arrow_right_alt

Art. 10 DMA - Exemption for grounds of public health and public security arrow_right_alt

  1. The Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, adopt an implementing act setting out its decision, to exempt that gatekeeper, in whole or in part, from a specific obligation laid down in Article 5, 6 or 7 in relation to a core platform service listed in the designation decision pursuant to Article 3(9), where such exemption is justified on the grounds set out in paragraph 3 of this Article (‘the exemption decision’). The Commission shall adopt the exemption decision within 3 months after receiving a complete reasoned request and shall provide a reasoned statement explaining the grounds for the exemption. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
  2. Where an exemption is granted pursuant to paragraph 1, the Commission shall review its exemption decision if the ground for the exemption no longer exists or at least every year. Following such a review, the Commission shall either wholly or partially lift the exemption, or decide that the conditions of paragraph 1 continue to be met.
  3. An exemption pursuant to paragraph 1 may only be granted on grounds of public health or public security.
  4. In cases of urgency, the Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, provisionally suspend the application of a specific obligation referred to in paragraph 1 to one or more individual core platform services already prior to the decision pursuant to that paragraph. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
  5. In assessing the request referred to in paragraphs 1 and 4, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the grounds in paragraph 3, as well as the effects on the gatekeeper concerned and on third parties. The Commission may subject the suspension to conditions and obligations in order to ensure a fair balance between the goals pursued by the grounds in paragraph 3 and the objectives of this Regulation.
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  • 67

Recital 67

In exceptional circumstances, justified on the limited grounds of public health or public security laid down in Union law and interpreted by the Court of Justice, the Commission should be able to decide that a specific obligation does not apply to a specific core platform service. If harm is caused to such public interests that could indicate that the cost to society as a whole of enforcing a certain obligation is, in a specific exceptional case, too high and thus disproportionate. Where appropriate, the Commission should be able to facilitate compliance by assessing whether a limited and duly justified suspension or exemption is justified. This should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability. Where such an exemption is granted, the Commission should review its decision every year.

Art. 11 DMA - Reporting arrow_right_alt

Art. 12 DMA - Updating obligations for gatekeepers arrow_right_alt

Art. 13 DMA - Anti-circumvention arrow_right_alt

Art. 14 DMA - Obligation to inform about concentrations arrow_right_alt

Art. 15 DMA - Obligation of an audit arrow_right_alt