Source: OJ L 265, 12.10.2022, pp. 1–66 · Consolidated text

Article 26 Monitoring of obligations and measures

Summary What does Article 26 of the DMA regulation say?

This article establishes the Commission's ongoing monitoring role, empowering it to take whatever actions are necessary to oversee gatekeeper compliance with the core obligations and decisions set out across the regulation.

It connects directly to Articles 5, 6, 7, 8, 18, 24, 25 and 29, acting as the supervisory backbone that supports enforcement of those provisions.

To carry out this monitoring role, the Commission is given the tools to compel document retention by gatekeepers and to bring in outside expertise where needed.

Important points:

The Commission is responsible for actively monitoring gatekeeper compliance with the obligations and decisions referenced across the regulation.
Gatekeepers may be required to retain all documents relevant to assessing their compliance.
The Commission may appoint independent external experts, auditors, or national competent authority officials to support its monitoring activities.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

1. The Commission shall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5, 6 and 7 and the decisions taken pursuant to Articles 8, 18, 24, 25 and 29. Those actions may include, in particular, the imposition of an obligation on the gatekeeper to retain all documents deemed to be relevant to assess the implementation of, and compliance with, those obligations and decisions.
1. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors, as well as the appointment of officials from national competent authorities of the Member States, to assist the Commission to monitor the obligations and measures and to provide specific expertise or knowledge to the Commission.

Table of contents

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