Interoperability

Interoperability means deeper and more seamless integration of apps and devices with gatekeepers’ ecosystems. The interoperability requirement of the DMA (specifically, Article 6(7)) requires gatekeepers to allow third parties access to the same OS hardware and software features that are available to services or hardware provided by the gatekeeper. This is to make sure that third parties can effectively compete on equal terms with services provided by the Gatekeeper, bringing innovative services to European consumers.

Interoperability specification proceedings

The Commission has completed several specification proceedings to improve interoperability with gatekeepers' operating systems.

What is a ‘specification decision’ and how is it different from a non-compliance decision?

In a ‘specification decision’, the Commission does not take a position on whether the gatekeeper complies with its obligations under the Digital Markets Act (DMA). Therefore, there are no fines attached to such a decision.

By contrast, a non-compliance decision concludes, following an investigation, that a gatekeeper has been non-compliant with a DMA obligation. The non-compliance decision orders the gatekeepers to cease and desist the infringement. In a non-compliance decision, the Commission may impose fines.

Specification decisions are taken following specification proceedings. These are tools in which the Commission and a designated gatekeeper engage in a formalised regulatory dialogue in order for the Commission to identify concrete measures the gatekeeper should take to effectively comply with a certain obligation (included in Article 6 or 7 of DMA). Third parties are formally involved in this process through a public consultation on the draft measures. 

The legal basis for a specification procedure is Article 8(2) of the DMA. In the case of specification proceedings, the Commission has six months to conclude the specification proceedings and adopt its final decision with binding measures. 

Both types of proceedings are subject to the full respect of gatekeepers’ procedural rights. 

Why is the Commission providing guidance to gatekeepers on their obligations to improve the interoperability of their systems?

The DMA regulates the actions of so-called gatekeepers. Gatekeepers are large online platforms that have been designated as such because they provide services – so called core platform services – to many European users. These gatekeepers exercise market power which can undermine the contestability of European digital markets through in particular very strong network effects, large economies of scale, the ability to connect business users with many end users, the lock-in of end users and the ensuing dependence of business users, and degree of vertical integration. The DMA lays down rules to ensure contestability and fairness for business users and end users. 

This includes an obligation on gatekeepers of operating systems to provide, free of charge, effective interoperability with the same hardware and software features available to services provided by the gatekeeper itself. This obligation is intended to increase the incentives to innovate and improve products and services for the business users and their customers as well as the gatekeeper itself, and thus positively affect the innovation potential of the wider online platform economy in the EU. This obligation also encourages the gatekeepers to innovate its platform and its own products and services.

The gatekeepers may take strictly necessary and proportionate measures to ensure that the interoperability solutions do not compromise the integrity of the operating system, hardware or software features provided by the gatekeeper, provided such measures are duly justified.