Big Tech Just Got New Rules in Europe
The EU Digital Markets Act came into force in 2023, and it is already reshaping how some of the world’s biggest platforms operate. Apple has had to allow third-party app stores on iPhones in the EU. Google has had to change how it displays search results. Meta faces new restrictions on combining your data across its services. If your business depends on any of these platforms – for advertising, distribution, or visibility – this regulation affects you too, even if you never have to comply with it directly.
What Is the Digital Markets Act?
The Digital Markets Act (DMA) – Regulation (EU) 2022/1925 – is an EU law designed to make digital markets fairer and more competitive. It targets a specific group of companies called gatekeepers: platforms so large and entrenched that they can unfairly dominate entire digital ecosystems.
The DMA gives the European Commission direct powers to impose obligations on gatekeepers and fine them if they do not comply.
Who Are the Gatekeepers?
In September 2023, the European Commission designated the first wave of gatekeepers. They are:
| Company | Designated Core Platform Services |
|---|---|
| Alphabet (Google) | Google Search, Google Maps, Google Play, Google Shopping, YouTube, Chrome, Android |
| Amazon | Amazon Marketplace, Amazon Advertising |
| Apple | App Store, Safari, iOS |
| ByteDance | TikTok |
| Meta | Facebook, Instagram, WhatsApp, Facebook Marketplace, Messenger |
| Microsoft | LinkedIn, Windows PC OS |
A platform qualifies as a gatekeeper if it has a significant impact on the EU internal market, operates a core platform service that acts as an important gateway, and holds an entrenched and durable position. The thresholds are: at least €7.5 billion in annual EU turnover or a market cap of at least €75 billion, and at least 45 million monthly active EU end users.
What Do Gatekeepers Have to Do?
The DMA gives gatekeepers a long list of obligations. The ones most likely to affect your business:
- No self-preferencing: Google cannot rank its own services (Google Shopping, Google Maps) above competitors in search results just because they are Google’s
- No combining data without consent: Meta cannot automatically combine data from Facebook, Instagram, and WhatsApp to build advertising profiles unless users explicitly agree
- App sideloading: Apple must allow users in the EU to install apps from outside the App Store
- Interoperability: Large messaging services must allow users from smaller platforms to send messages to them
- Fair access for business users: Gatekeepers cannot use data from businesses using their platforms to compete against those same businesses
- Transparency on advertising: Advertisers must be able to see how their ads perform and verify what they are paying for
What Does This Mean for Your Business?
If you advertise on Google, sell on Amazon, or distribute through the App Store, the DMA introduces some changes worth knowing about.
Better data and transparency from ad platforms. Gatekeepers must give advertisers access to performance data and independent verification tools. If you run paid campaigns, you should have better visibility into what your money is actually doing.
A more level search playing field. Google’s obligation to stop self-preferencing could, in theory, give smaller and EU-based alternatives more visibility in search results. This is already playing out – the Commission has been investigating compliance closely.
New distribution options for app developers. If you have an iOS app and want to reach EU users through alternative channels, that is now legally possible. The practical impact depends on how Apple implements the rules – the Commission has already opened proceedings over Apple’s compliance approach.
The DMA also interacts with other EU digital regulations. If your business is building AI-powered products, the EU AI Act adds another layer of compliance requirements on top of the DMA – particularly around transparency and risk management.
What Are the Penalties?
Fines for non-compliance are significant:
- Up to 10% of global annual turnover for a first violation
- Up to 20% of global annual turnover for repeat violations
- For systematic violations, the Commission can ban a gatekeeper from making acquisitions in the relevant sector for a period of time
These fines apply to gatekeepers, not to businesses that use their platforms. But how gatekeepers respond to DMA pressure will shape the environment you operate in.
Quick Answers
Does the DMA apply to my business?
Only if your company meets the gatekeeper thresholds. For most SMEs, the DMA does not create direct compliance obligations – but it changes how the large platforms you depend on must operate.
Is the DMA the same as GDPR?
No. GDPR is about data privacy. The DMA is about competition and market fairness. They overlap in places (especially around data use by platforms), but they are separate laws enforced by different authorities.
Who enforces the DMA?
The European Commission enforces it directly, unlike GDPR which is enforced by national data protection authorities.
Is Apple actually complying?
The Commission has opened formal non-compliance proceedings against Apple in several areas, including its app sideloading implementation and browser choice screen. This is an ongoing process as of early 2026.