keyboard_tab Digital Market Act 2022/1925 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 2 Article 34 Right to be heard and access to the file
- 1 Article 46 Implementing provisions
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
CHAPTER II
GATEKEEPERS
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
CHAPTER IV
MARKET INVESTIGATION
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
CHAPTER VI
FINAL PROVISIONS
- gatekeeper
- core platform service
- information society service
- digital sector
- online intermediation services
- online search engine
- online social networking service
- video-sharing platform service
- number-independent interpersonal communications service
- operating system
- web browser
- virtual assistant
- cloud computing service
- software application stores
- software application
- payment service
- technical service supporting payment service
- payment system for in-app purchases
- identification service
- end user
- business user
- ranking
- search results
- data
- personal data
- non-personal data
- undertaking
- control
- interoperability
- turnover
- profiling
- consent
- national court
- General
- Active end users
- Active business users
- Submission of information
- Specific definitions
- commission 18
- article 16
- shall 12
- pursuant 11
- undertakings 8
- arrangements 7
- implementing 7
- details 6
- content 6
- form 6
- and 6
- findings 5
- which 5
- preliminary 5
- practical 5
- concerned 5
- referred 4
- provided 4
- paragraph 4
- access 4
- the 4
- authorities 3
- between 3
- right 3
- procedure 3
- protection 3
- disclosure 3
- terms 3
- articles 3
- proceedings 3
- undertaking 3
- heard 3
- file 3
- association 3
- gatekeeper 3
- articles 3
- adopt 2
- acts 2
- reasoned 2
- consult 2
- taken 2
- matter 2
- including 2
- extend 2
- parties 2
- view 2
- submissions 2
- information 2
- competent 2
- member 2
Article 34
Right to be heard and access to the file
1. Before adopting a decision pursuant to Article 8, Article 9(1), Article 10(1), Articles 17, 18, 24, 25, 29 and 30 and Article 31(2), the Commission shall give the gatekeeper or undertaking or association of undertakings concerned the opportunity of being heard on:
| (a) | preliminary findings of the Commission, including any matter to which the Commission has taken objection; and |
| (b) | measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. |
2. Gatekeepers, undertakings and associations of undertakings concerned may submit their observations to the Commission concerning the Commission’s preliminary findings within a time limit set by the Commission in its preliminary findings which may not be less than 14 days.
3. The Commission shall base its decisions only on preliminary findings, including any matter to which the Commission has taken objection, on which gatekeepers, undertakings and associations of undertakings concerned have been able to comment.
4. The rights of defence of the gatekeeper, undertaking or association of undertakings concerned shall be fully respected in any proceedings. The gatekeeper, undertaking or association of undertakings concerned shall be entitled to have access to the Commission's file under terms of disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets. In the case of disagreement between the parties, the Commission may adopt decisions setting out those terms of disclosure. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission or the competent authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the competent authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.
Article 46
Implementing provisions
1. The Commission may adopt implementing acts laying down detailed arrangements for the application of the following:
| (a) | the form, content and other details of notifications and submissions pursuant to Article 3; |
| (b) | the form, content and other details of the technical measures that gatekeepers shall implement in order to ensure compliance with Article 5, 6 or 7; |
| (c) | operational and technical arrangements in view of implementing interoperability of number-independent_interpersonal_communications_services pursuant to Article 7; |
| (d) | the form, content and other details of the reasoned request pursuant to Article 8(3); |
| (e) | the form, content and other details of the reasoned requests pursuant to Articles 9 and 10; |
| (f) | the form, content and other details of the regulatory reports delivered pursuant to Article 11; |
| (g) | the methodology and procedure for the audited description of techniques used for profiling of consumers provided for in Article 15(1); when developing a draft implementing act for this purpose, the Commission shall consult the European Data Protection Supervisor and may consult the European Data Protection Board, civil society and other relevant experts; |
| (h) | the form, content and other details of notifications and submissions made pursuant to Articles 14 and 15; |
| (i) | the practical arrangements of the proceedings concerning the market investigations pursuant to Articles 17, 18 and 19, and proceedings pursuant to Articles 24, 25 and 29; |
| (j) | the practical arrangements for exercising rights to be heard provided for in Article 34; |
| (k) | the practical arrangements for the terms of disclosure provided for in Article 34; |
| (l) | the practical arrangements for the cooperation and coordination between the Commission and national authorities provided for in Articles 37 and 38; and |
| (m) | the practical arrangements for the calculation and extension of deadlines. |
2. The implementing acts referred to in paragraph 1, points (a) to (k), and point (m) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
The implementing act referred to in paragraph 1, point (l), of this Article shall be adopted in accordance with the examination procedure referred to in Article 50(3).
3. Before the adoption of any implementing act pursuant to paragraph 1, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within a time limit, which may not be less than one month.
whereas