Art. 10 Exemption for grounds of public health and public security | DMA regulation | DMA

This article establishes a narrow exemption mechanism that allows gatekeepers to be relieved, fully or partially, from specific obligations under Articles 5, 6, or 7.

It sits alongside Article 9, which provides a separate suspension route based on threats to a gatekeeper's economic viability.

Article 10 is distinct in that it addresses a far more restricted set of grounds: exemptions here can only be granted on grounds of public health or public security, making this a genuinely exceptional carve-out rather than a general escape route.

The Commission retains oversight throughout, with mandatory annual reviews of any exemption granted and the ability to lift it if the justifying conditions no longer hold.

Important points:

The Commission is the sole decision-maker on exemptions, which can be requested by a gatekeeper or initiated by the Commission itself.
Exemptions from gatekeeper obligations under Articles 5, 6, or 7 are only available on grounds of public health or public security — no other justification qualifies.
The Commission must review any granted exemption at least every year and can lift it wholly or partially if circumstances change.

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).
1. 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.
1. An exemption pursuant to paragraph 1 may only be granted on grounds of public health or public security.
1. 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.
1. 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.