On Tuesday, the European Commission announced it had excluded four services from tech giants Apple and Microsoft from the new Digital Markets Act (DMA) with strict standards for content intermediaries, concluding that this was not the case.
“The Commission made decisions to close four market investigations opened on September 5, 2023 under the Digital Markets Act and concluded that Apple and Microsoft should not be designated as content intermediaries. [‘gatekeepers’] for the following core platform services: Apple iMessage messaging service, Microsoft Bing online search engine, Edge web browser and Microsoft Advertising online advertising service,” the institution states in a press release.
Tuesday’s decision followed requests from tech companies Apple and Microsoft themselves that such services should not be subject to new European rules for digital markets because they fell within the thresholds, which in turn prompted four investigations.
“The decisions conclude the Commission’s investigations, which began following Apple and Microsoft’s July 2023 notification of essential platform services that met quantitative thresholds. Among these notified services were also four services that are subject to today’s decisions,” explains Brussels.
This confirmation of the companies’ requests comes after an “in-depth analysis” with “an exhaustive assessment of all arguments, taking into account input from relevant stakeholders and after hearing from the Digital Markets Advisory Committee.”
Despite this, the European Commission guarantees that it will “continue to monitor market developments in relation to these services if significant changes arise.”
This decision does not affect the designation of Apple and Microsoft as gatekeepers for their other core services.
Last September, the European Commission appointed Google, Microsoft and Apple, as well as three other technology companies, as content intermediaries. These are big tech companies that work by connecting companies and users, forcing them to comply with new EU obligations.
A total of 22 core platform services provided by these access controllers were identified, including tools from TikTok, Facebook, Instagram, Whatsapp, Messenger, YouTube and Google.
This definition of content intermediaries includes digital platforms with an annual EU turnover or market value of at least €7.5 billion, operating in at least three EU Member States and having more than 45 million monthly active users.
The Digital Markets Act, which comes into force from November 2022, sets the rules for what technology companies with gatekeeper status are or are not allowed to do in the EU. This is a kind of blacklist with rules for these large platforms.
Thus, the new Digital Markets Act applies to “gatekeepers,” companies that sometimes create barriers between companies and consumers and control entire ecosystems consisting of various platform services, such as online marketplaces, operating systems, cloud services or “online search”. engines.
It is expected that if a content intermediary (“gatekeeper”) violates the rules set by the regulation, it may be subject to a fine of up to 10% of its total worldwide turnover, with this percentage increasing to 20%. about repeated offense. .
Author: Lusa
Source: CM Jornal
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