The EU’s Digital Markets Act (DMA) offers consumers important new opportunities for more choice and protection online – but this will only happen if these rights are effectively implemented by gatekeepers. That’s why, ahead of the 7 March deadline for Big Tech companies to comply with their new obligations, BEUC calls on the DMA enforcer, the European Commission, to take prompt and effective enforcement action if gatekeepers fail to do so.

The DMA gives consumers the right to enjoy more choice and better value when using apps and online services, better results when searching and shopping and more control over their personal data. But for Europe’s consumers to enjoy these benefits, very large online platform service providers (so-called ‘gatekeepers’) must comply fully with their obligations.

Ursula Pachl, Deputy Director General of The European Consumer Organisation said: “The DMA offers consumers exciting new opportunities in terms of more choice and protection online, such as access to better deals and more control over their data. But for this to happen, the European Commission must enforce it promptly and effectively. Particularly because several companies appear, on the basis of what they have communicated to date, to be making every effort to deny consumers more choice by evading and circumventing their DMA obligations. Consumers can play an important role in enforcing the DMA by flagging this to consumer organisations and regulators if they see companies are not respecting their obligations after 7 March. But they shouldn’t carry that burden alone. Once the new rights are in place, it’s up to the Commission to ensure Big Tech plays by the rules”.

Consumer benefits?

The DMA requires gatekeepers to expand consumers’ rights and give them new options online in several ways. For example, gatekeepers must give consumers:

• Access to potentially better deals when shopping as gatekeepers cannot give preference to their own products/services in search rankings or marketplaces.

• More control over their data e.g., the option to block an online marketplace or social network app from profiling them for personalised advertising.

• The right to sign into one online service without being obliged to simultaneously sign into another from the same company.

• To be informed about discounts and different types of subscriptions within apps directly. This should mean lower prices.

• The right to install third-party app stores (i.e. not the ones already on a phone when bought).

• A choice of search engines and browsers, so they can choose the ones they prefer and easily switch to another.

• A wider choice of payment systems e.g., using near-field communication (NFC - which enables communication between two electronic devices).

• The option to communicate with people on other messaging systems that choose to communicate (interoperate) with WhatsApp.

• The ability to easily terminate gatekeeper services they no longer want without ‘dark patterns’ dissuading them.

• The right to delete pre-installed apps (e.g. search, weather, navigation).

To enjoy some of these benefits, consumers will need to update their smartphone and other operating systems after 7 March when offered the chance.