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Chapter V – Investigative, enforcement and monitoring powers (Art. 20-43)

Art. 20 DMA - Opening of proceedings arrow_right_alt

Art. 21 DMA - Requests for information arrow_right_alt

Art. 22 DMA - Power to carry out interviews and take statements arrow_right_alt

Art. 23 DMA - Powers to conduct inspections arrow_right_alt

Art. 24 DMA - Interim measures arrow_right_alt

Art. 25 DMA - Commitments arrow_right_alt

Art. 26 DMA - Monitoring of obligations and measures arrow_right_alt

Art. 27 DMA - Information by third parties arrow_right_alt

Art. 28 DMA - Compliance function arrow_right_alt

  1. Gatekeepers shall introduce a compliance function, which is independent from the operational functions of the gatekeeper and composed of one or more compliance officers, including the head of the compliance function.
  2. The gatekeeper shall ensure that the compliance function referred to in paragraph 1 has sufficient authority, stature and resources, as well as access to the management body of the gatekeeper to monitor the compliance of the gatekeeper with this Regulation.
  3. The management body of the gatekeeper shall ensure that compliance officers appointed pursuant to paragraph 1 have the professional qualifications, knowledge, experience and ability necessary to fulfil the tasks referred to in paragraph 5.

The management body of the gatekeeper shall also ensure that such head of the compliance function is an independent senior manager with distinct responsibility for the compliance function.

  1. The head of the compliance function shall report directly to the management body of the gatekeeper and may raise concerns and warn that body where risks of non-compliance with this Regulation arise, without prejudice to the responsibilities of the management body in its supervisory and managerial functions.

The head of the compliance function shall not be removed without prior approval of the management body of the gatekeeper.

  1. Compliance officers appointed by the gatekeeper pursuant to paragraph 1 shall have the following tasks:
    1. organising, monitoring and supervising the measures and activities of the gatekeepers that aim to ensure compliance with this Regulation;
    2. informing and advising the management and employees of the gatekeeper on compliance with this Regulation;
    3. where applicable, monitoring compliance with commitments made binding pursuant to Article 25, without prejudice to the Commission being able to appoint independent external experts pursuant to Article 26(2);
    4. cooperating with the Commission for the purpose of this Regulation.
  2. Gatekeepers shall communicate the name and contact details of the head of the compliance function to the Commission.
  3. The management body of the gatekeeper shall define, oversee and be accountable for the implementation of the governance arrangements of the gatekeeper that ensure the independence of the compliance function, including the division of responsibilities in the organisation of the gatekeeper and the prevention of conflicts of interest.
  4. The management body shall approve and review periodically, at least once a year, the strategies and policies for taking up, managing and monitoring the compliance with this Regulation.
  5. The management body shall devote sufficient time to the management and monitoring of compliance with this Regulation. It shall actively participate in decisions relating to the management and enforcement of this Regulation and ensure that adequate resources are allocated to it.

Art. 29 DMA - Non-compliance arrow_right_alt

Art. 30 DMA - Fines arrow_right_alt

Art. 31 DMA - Periodic penalty payments arrow_right_alt

Art. 32 DMA - Limitation periods for the imposition of penalties arrow_right_alt

Art. 33 DMA - Limitation periods for the enforcement of penalties arrow_right_alt

Art. 34 DMA - Right to be heard and access to the file arrow_right_alt

Art. 35 DMA - Annual reporting arrow_right_alt

Art. 36 DMA - Professional secrecy arrow_right_alt

Art. 37 DMA - Cooperation with national authorities arrow_right_alt

Art. 38 DMA - Cooperation and coordination with national competent authorities enforcing competition rules arrow_right_alt

Art. 39 DMA - Cooperation with national courts arrow_right_alt

Art. 40 DMA - The high-level group arrow_right_alt

Art. 41 DMA - Request for a market investigation arrow_right_alt

Art. 42 DMA - Representative actions arrow_right_alt

Art. 43 DMA - Reporting of breaches and protection of reporting persons arrow_right_alt