Source: OJ L 265, 12.10.2022, pp. 1–66 · Consolidated textCurrent language: EN
- Digital markets act
Basic legislative acts
- DMA regulation
Article 15 Obligation of an audit
Summary What does Article 15 of the DMA regulation say?
This article establishes a transparency obligation for gatekeepers regarding their consumer profiling practices.
Building directly on the designation process in Article 3, it requires gatekeepers to formally disclose and subject to independent audit any profiling techniques they use across their core platform services.
The audited findings are then shared with the European Data Protection Board, creating a clear link between this Regulation and the EU's data protection oversight framework.
Important points:
- Submit an independently audited description of all consumer profiling techniques used across your core platform services to the Commission within 6 months of designation.
- The Commission shall transmit the audited description to the European Data Protection Board, connecting this obligation to the broader data protection regulatory landscape.
- Make a public overview of the audited description available, and update both the description and the overview at least annually — though business secrets may be taken into account when doing so.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Within 6 months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services listed in the designation decision pursuant to Article 3(9). The Commission shall transmit that audited description to the European Data Protection Board.
The Commission may adopt an implementing act referred to in Article 46(1), point (g), to develop the methodology and procedure of the audit.
The gatekeeper shall make publicly available an overview of the audited description referred to in paragraph 1. In doing so, the gatekeeper shall be entitled to take account of the need to respect its business secrets. The gatekeeper shall update that description and that overview at least annually.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
video-sharing platform service
Definition
operating system
Definition
number-independent interpersonal communications service
Definition
online social networking service
Definition
web browser
Definition
core platform service
- online intermediation services;
- online search engines;
- online social networking services;
- video-sharing platform services;
- number-independent interpersonal communications services;
- operating systems;
- web browsers;
- virtual assistants;
- cloud computing services;
- online advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by an undertaking that provides any of the core platform services listed in points (a) to (i);
Definition
data
Definition
cloud computing service
Definition
undertaking
Definition
gatekeeper
Definition
software application
Definition
online intermediation services
Definition
virtual assistant
Definition
online search engine
Definition
business user
Definition
control
Definition
end user
Definition
profiling