Why the Digital Markets Act matters
A small number of very large online platforms sit between businesses and their customers. They run the app stores, search engines, marketplaces and messaging services that many companies simply cannot avoid. The EU’s Digital Markets Act (DMA) is designed to rebalance that relationship – making these markets fairer and more contestable, and giving smaller businesses and consumers more genuine choice.
Even if your company is not a technology giant, the DMA affects you. It changes how you can reach customers through dominant platforms, and it opens up opportunities that were previously closed. Understanding the rules helps you take advantage of them.
What the DMA is and who it targets
The DMA is Regulation (EU) 2022/1925. Rather than relying only on slow, case-by-case competition enforcement, it sets clear rules in advance for the largest platforms, known as “gatekeepers”.
A gatekeeper is a company that provides one or more “core platform services” – such as online search engines, app stores, browsers, social networks, messaging services, operating systems, online marketplaces, video-sharing platforms, cloud services or online advertising – and that holds an entrenched, durable position between business users and consumers. In September 2023 the Commission designated the first gatekeepers: Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft. Booking.com was added in May 2024.
What gatekeepers must and must not do
The DMA imposes a list of obligations and prohibitions that took effect for the first gatekeepers from 7 March 2024. Among the most important, gatekeepers must:
Stop self-preferencing
They may not rank their own products and services more favourably than those of competitors in search results or listings.
Allow business users to reach customers directly
Businesses must be able to promote offers and conclude contracts with customers outside the platform, and to access the data they generate on it.
Open up devices and app distribution
Gatekeepers must permit alternative app stores and the installation of third-party apps, and allow users to uninstall pre-loaded apps and change default settings.
Respect data and interoperability limits
They may not combine or cross-use personal data across services without explicit consent, and must make certain messaging features interoperable on request.
Serious fines for non-compliance
The DMA has real teeth. The Commission can impose fines of up to 10% of a company’s total worldwide annual turnover, rising to 20% for repeated infringements. In April 2025 the Commission issued its first non-compliance decisions and fines under the DMA, confirming that enforcement is active rather than theoretical.
Practical example: an app developer
Consider a European software company that sells a subscription app. Before the DMA, it had to distribute through a single app store, accept its payment system and its commission, and could not easily tell users about cheaper options elsewhere. Under the DMA, the developer can steer customers to its own website to subscribe, use alternative distribution channels, and access more of the data about its own users. That can materially improve margins and customer relationships – provided the business understands and uses its new rights.
Common mistakes companies make
Many businesses assume the DMA is only about the tech giants and ignore it entirely. In reality, the opportunities created for business users – steering, data access, alternative distribution – are only valuable if you act on them. Others move too fast, changing their contractual or marketing practices without checking that they remain compliant with consumer, data protection and advertising law. A further mistake is failing to monitor how gatekeepers implement their obligations, and not raising concerns with regulators when a platform’s “compliance” solution is unhelpful in practice.
Recommended actions
Map which gatekeeper platforms your business depends on, and identify the DMA rights that are most relevant to you. Review your platform contracts and terms in light of the new obligations. Where the DMA now lets you steer customers, access data or use alternative channels, build those options into your commercial strategy – while keeping the rest of your marketing and data practices lawful. Keep records of any problems you encounter, as these can support complaints to the Commission or national authorities.
Frequently asked questions
Does the DMA apply to my small business?
The obligations fall on designated gatekeepers, not on ordinary businesses. But if you are a business user of a gatekeeper platform, you benefit from new rights that are worth using.
How is the DMA different from ordinary competition law?
Competition law intervenes after harm occurs, case by case. The DMA sets clear rules in advance for gatekeepers, making enforcement faster and more predictable.
What are the penalties?
Fines can reach 10% of worldwide annual turnover, and 20% for repeat infringements, alongside behavioural or structural remedies.
Conclusion
The Digital Markets Act is reshaping the digital economy in the EU, curbing the power of the largest platforms and creating new freedoms for the businesses that rely on them. For most companies, the key is not compliance but opportunity: knowing your rights as a business user and building them into your strategy, without falling foul of other rules. At Lawgent, we help businesses understand the DMA, review their platform relationships and turn these new rights into practical commercial advantage. Contact us to explore what the DMA means for your growth.
