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Digital Markets Act – DMA
DALL’AUTORITA’ PER LA PROTEZIONE DEI DATI HONG KONG: Il Commissario per la privacy sostiene la protezione dei dati personali in mezzo a COVID-19 alla Conferenza internazionale sulla privacy
Regulation (EU) 2022/1925, also known as the Digital Markets Act (DMA), is a European Union regulation that aims to ensure fair and competitive digital markets. The DMA introduces specific rules for large online platforms, referred to as gatekeepers, in order to prevent anti-competitive behaviour and promote competition and innovation.
The DMA enforcement advice service is designed to help companies understand and implement the provisions of the regulation, ensuring compliance and improving the management of their digital operations.
Objectives
- Regulatory Compliance:Ensure your company complies with all provisions of the Digital Markets Act.
- Promotion of Competition: Implement measures that promote competition and prevent anti-competitive behaviour.
- Transparency and Fairness: Enhancing the transparency of business operations and ensuring fair business practices.
- Gatekeeper Relationship Management: Optimise relationship management processes with large online platforms.
- Risk Reduction: Minimise legal and reputational risks associated with non-compliance.
Modalities
- Preliminary Assessment:
- Assessment of Current Practices: Analysis of current business practices to identify areas of non-compliance with the DMA.
- Mapping of DMA Provisions: Identification of specific DMA provisions applicable to the company.
- Development of Policies and Procedures:
- Drafting of Corporate Policies: Development of internal policies to ensure compliance with the provisions of the DMA.
- Operational Procedures: Implementation of operational procedures for managing gatekeeper relations and promoting competition.
- Gatekeeper Relationship Management:
- Contracts and Agreements: Review and update of contracts and agreements with gatekeepers to ensure compliance with the DMA.
- Monitoring of Business Practices: mplementation of systems to monitor gatekeepers’ business practices and ensure compliance with competition rules.
- Transparency Obligations:
- Transparency Obligations: Ensure that the information required by the DMA is published in a transparent and accessible manner.
- Reporting: Develop regular reports to demonstrate compliance with the DMA and provide detailed information on business activities.
- Training and Awareness-raising:
- Training Programmes: Design and implementation of training programmes for staff on the provisions of the DMA and best practices for managing gatekeeper relationships.
- Awareness-raising Campaigns: Internal campaigns to raise staff awareness of the importance of regulatory compliance and promotion of competition.
- Monitoring and Review:
- Periodic Audits: Conducting periodic audits to verify ongoing compliance with the DMA and identify any areas for improvement.
- Policy Update: Review and update policies and procedures according to regulatory changes and new best practices.
Benefits
- Regulatory Compliance: Ensure that the company complies with all provisions of the DMA, reducing the risk of sanctions.
- Promotion of Competition: Implement measures that promote competition and prevent anti-competitive behaviour.
- Transparency and Fairness: Improve transparency of business operations and ensure fair business practices.
- Effective Gatekeeper Relationship Management: Optimise relationship management processes with large online platforms.
- Risk Reduction: Minimise legal and reputational risks associated with non-compliance.
Tools used
- Compliance Management Platform: Tools for monitoring and managing DMA compliance.
- Relationship Management Platforms: Tools for managing and monitoring relationships with gatekeepers.
- Documentation Templates: Templates of policies, procedures and records for managing compliance activities.
- Training Platforms: Online tools and training materials for staff training and awareness-raising.
- Monitoring Dashboard: Tools to monitor compliance activities and verify the effectiveness of company policies.
Final considerations
365TRUST’s proposed service of advice on the implementation of Regulation (EU) 2022/1925 – Digital Markets Act, is essential for companies that operate in the digital services sector and wish to comply with the new European regulations. Through targeted advice and the implementation of effective policies, procedures and management systems, companies can improve the promotion of competition, ensure fair business practices, and reduce the legal and reputational risks associated with managing gatekeeper relationships.