Please submit your Form GD and a PoA if needed, using eTrustex stating the relevant DMA case numbers in the subject. Please also send your Form GD by email to EC-DMA@ec.europa.eu and the relevant CPS mailing lists.
When submitting your Form GD in eTrustex you will receive an upload notice. You will, in addition, receive an acknowledgement of receipt from the DMA Registry once your submission has been processed.
eTrustex is a web based exchange platform that ensures secure transmission of documents. Please clearly mention the relevant case number or add "DMA" in your subject.
In those cases, the Commission will inform the notifying undertaking of its preliminary views before adopting a designation decision. Having regard to the deadline for issuing its designation decision as set out in Article 3(4) DMA, the Commission will give the notifying undertaking the opportunity to submit observations on its preliminary views within five working days. Where relevant, the Commission will provide the notifying undertaking with non-confidential versions of key documents to which specific reference is made in its preliminary views and which are not already available to the notifying undertaking. The Commission will take into account the notifying undertaking’s observations (if any) for the purposes of its decision.
The Commission may send you a request for information using eRFI, which is the Commission's electronic investigative platform.
In the context of the Commission’s enforcement of the Digital Markets Act, the Commission may have to grant gatekeepers or concerned undertakings access to documents that it has obtained from third parties in the context of its enforcement powers. The documents concerned are any documents submitted by third parties as well as minutes of meetings with third parties.
This process is called “access to the file” and seeks to preserve the right to be heard of gatekeepers or concerned undertakings. Access to the file is granted upon request and only to those companies that are addressees of the Commission’s preliminary findings, i.e. gatekeepers or concerned undertakings. Preliminary findings are a communication of the Commission to the addressee of a potential Commission decision setting out its preliminary assessment and the evidence the Commission has gathered in support of its potential decision.
Third parties are required to identify the confidential information and/or business secrets in the documents they submit or in the minutes of the meetings, and explain why it should be treated as such. Where those documents or minutes contain confidential information and/or business secrets, two versions of those documents or minutes will be drawn up: a confidential and a non-confidential version.
1. Non-confidential versions of documents:
- Access to non-confidential versions of documents which the Commission mentions in its preliminary findings will be granted pursuant to Article 34 of the DMA Regulation and Article 8(2) of the Commission Implementing Regulation.
- The Commission may include only non-confidential information in the version of decisions that it publishes pursuant to Article 44 of the DMA Regulation.
2. Confidential versions of documents:
- In order to enable gatekeepers or concerned undertakings to exercise their right to be heard in the relevant proceedings, the Commission will, under the “terms of disclosure” set out in a Commission decision in line with Article 8(3) of the Commission Implementing Regulation, grant access to confidential versions of third party documents to a limited circle of external legal/economic counsels or external technical experts. The terms of disclosure decision determines the conditions of access and imposes strict obligations on those who get access. Non-compliance with the terms of disclosure is subject to fines under Article 30(3)(k) of the DMA Regulation.
- In exceptional circumstances, the Commission may decide not to grant access to certain confidential documents or to grant access only to partially redacted documents if it determines that the likely harm of disclosure, on balance, outweighs the importance of disclosure of the full confidential documents for the exercise of the gatekeepers’ right to be heard.