Source: OJ L 265, 12.10.2022, pp. 1–66 · Consolidated textCurrent language: EN
- Digital markets act
Basic legislative acts
- DMA regulation
Article 27 Information by third parties
Summary What does Article 27 of the DMA regulation say?
This article establishes a reporting mechanism that allows third parties to flag potentially non-compliant behaviour by gatekeepers to either national competent authorities or the Commission.
It is a relatively brief but practically important provision, as it opens a formal channel for business users, competitors, end users, and their representatives to raise concerns.
Crucially, it connects to the Commission's enforcement role by requiring national competent authorities to escalate relevant information to the Commission where they identify a possible non-compliance issue, reinforcing the Commission's position as the central enforcer under this Regulation.
Important points:
- Any third party, including business users, competitors, or end users, may report gatekeeper behaviour to national competent authorities or directly to the Commission.
- National competent authorities and the Commission have full discretion over whether to act on information received and are under no obligation to follow up.
- National competent authorities are required to transfer information to the Commission where they determine it may indicate a non-compliance issue.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Any third party, including business users, competitors or end-users of the core platform services listed in the designation decision pursuant to Article 3(9), as well as their representatives, may inform the national competent authority of the Member State, enforcing the rules referred to in Article 1(6), or the Commission directly, about any practice or behaviour by gatekeepers that falls within the scope of this Regulation.
The national competent authority of the Member State, enforcing the rules referred to in Article 1(6), and the Commission shall have full discretion as regards the appropriate measures and are under no obligation to follow-up on the information received.
Where the national competent authority of the Member State, enforcing the rules referred to in Article 1(6), determines, based on the information received pursuant to paragraph 1 of this Article, that there may be an issue of non-compliance with this Regulation, it shall transfer that information to the Commission.
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
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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
cloud computing service
Definition
undertaking
Definition
gatekeeper
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software application
Definition
online intermediation services
Definition
virtual assistant
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online search engine
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business user
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control
Definition
end user