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<?xml version="1.0" encoding="UTF-8" ?>
<activityset>
<version>1</version>
<activity id="devices" date="2021-11-01" status="active">
<title>Device Neutrality</title>
<description>
Although digital devices are ubiquotous today, the number of devices on which users
cannot run Free Software is exponentially increasing. The consequence is an increased
loss of control over users’ technology. Device Neutrality aims to
enable end-users to bypass gatekeepers to have a non-discriminatory use of
Free Software on their devices.
</description>
<link href="/activities/deviceneutrality/devices.html" />
<image url="/graphics/logos/dn-logo.png" />
<order priority="5" highlight="yes" />
<tags>
<tag key="policy" />
<tag key="awareness" />
</tags>
</activity>
</activityset>

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<?xml version="1.0" encoding="UTF-8" ?>
<html>
<version>1</version>
<head>
<title>Device Neutrality</title>
</head>
<body class="article">
<h1>Device Neutrality</h1>
<div>
<div id="introduction">
<p>
Although digital devices are ubiquitous today, the number of devices on
which users cannot run Free Software is exponentially increasing. The
consequence is an increased loss of control over users' technology.
Device Neutrality aims to enable end-users to bypass gatekeepers to have
a non-discriminatory use of Free Software on their devices.
</p>
</div>
<!-- @TRANSLATORS: the banner's source file you find here:
https://download.fsfe.org/device-neutrality/device-neutrality-logo-banner.odp -->
<figure class="max-width-100 no-border">
<img
src="https://pics.fsfe.org/uploads/big/de9a14dc3122b5c304d8644d584abb6c.png"
alt="Device neutrality: safeguarding free software in devices" />
</figure>
<div class="toc">
<p>Table of contents</p>
<ol>
<li>
<a href="#dn-re-empowerment">Devices and End-User Re-Empowerment</a>
</li>
<li>
<a href="#general-purpose-computer-free-software">General Purpose Computers and Free Software</a>
</li>
<li>
<a href="#gatekeeper-control-monopoly-devices">Gatekeeper Control and Monopoly over Devices</a>
</li>
<li>
<a href="#device-neutrality-free-software">Device Neutrality and Free Software</a>
<ol>
<li><a href="#dn-software-freedom">Software Freedom</a></li>
<li><a href="#dn-no-lock-in">No Lock-In</a></li>
<li><a href="#dn-control-over-data">End-User Control Over Data</a></li>
</ol>
</li>
<li>
<a href="#dn-reality">Making Device Neutrality a Reality</a>
</li>
</ol>
</div>
<h2 id="dn-re-empowerment">Devices and End-User Re-Empowerment</h2>
<p>
We all know the joy of acquiring a new device and the excitement of exploring
its features and functionalities. Let's imagine the scenario where you
bought a new smartphone.
</p>
<p>
You are thrilled to learn and discover all that your device can deliver.
You want to install apps, use the camera, access the internet,
run games, and enjoy all what your equipment can perform.
However, soon you start to realise that something is wrong. In
order to start your phone, you are prompted to create an online account
for using the device.
</p>
<p>
Further, you begin to perceive how limited you are in downloading and installing new apps and
programs. The only possible way is via the manufacturer's apps store or marketplace.
You may be even forbidden to sideload or install third party software,
including <a href="https://www.f-droid.org/">alternative repositories</a>.
Most weirdly, you are not allowed to remove pre-installed programs that are
occupying the device's memory space and unduly draining its battery.
</p>
<p>
You may think this is an issue with the operating system and start searching
for alternatives. However, your device boots only a specific fully or partly proprietary operating
system. In other words, you cannot install a different OS. Finally, you sadly realise
that although your smartphone is a general purpose computer, you are stuck with an
artificially limited device which performs much less than you expected.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/big/d0988bf4e317a6cd7953689adf50b573.jpg"
alt="Person staring at smartphone at the table." />
<figcaption>
Limitations to Free Software, vendor lock-in, and lack of control over personal
data are current hurdles faced by end-users in digital markets.
</figcaption>
</figure>
<p>
Issues like these, and many others related to browsers, search engines, and
hardware, are a common occurrence in digital markets. End-users are experiencing
a severe limitation on their rights and ability to freely use their devices.
Basic freedoms such as installing and uninstalling software are being unfairly limited
by these companies, commonly referred to as "gatekeepers", because of their
monopolistic control over devices.
</p>
<p>
Device Neutrality is a policy concept to enable end-users to bypass gatekeepers
in order to run Free Software and use services independently of the control
exercised by hardware manufacturers, vendors, and platforms. On this page
you will learn that Device Neutrality can be achieved by safeguarding
software freedom in devices, protecting end-users from lock-in,
and promoting standardised ways of data interoperability.
</p>
<h2 id="general-purpose-computer-free-software">General Purpose Computers and Free Software</h2>
<p>
Digital devices are a present reality in all aspects of life. We use them
for work, communication, entertainment, and internet access. Such devices
are powerful machines, allowing us to have access to a huge number of
features and perform an almost infinite number of tasks. Our smartphones,
tablets, laptops, and other connected devices are <strong>general purpose
computers</strong>. That means we can potentially run any software we want to
make full use of the hardware. This potential is fostered by Free Software.
</p>
<p>
Software freedom depends on how we can run
software in devices. Safeguarding <a
href="/freesoftware/freesoftware.html">the four freedoms of Free Software</a>
over operating systems, drivers, apps stores, browsers, and any other software is
crucial not only for freedom of choice, but also for a healthy,
competitive, and democratic digital environment.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/d534afb7636cafbee2ec91bda7283ec0.png"
alt="Drawings of a computer and smartphone." />
<figcaption>
Everyone should be able to run the software they want on their general purpose computers.
</figcaption>
</figure>
<h2 id="gatekeeper-control-monopoly-devices">Gatekeeper Monopoly over Devices</h2>
<p>
Although the devices we use are general purpose computers, device
manufacturers, vendors, and internet platforms have been restricting
software freedom by exercising their monopolistic control over end-user
equipment. This power is used over key features and components of
devices such as operating systems, browsers, and apps stores. Since these elements
are essential for the functioning of devices, they constitute a
<strong>termination monopoly</strong>, which grants such companies powers in the
sense that they could be considered "gatekeepers of gateways" for
end-users to access and control software, hardware, and services of their devices.
</p>
<p>
Manufacturers, vendors, and platforms controlling devices may
perform a <strong>gatekeeper function</strong> in similar ways to a provider of
an internet access connection controlling a gateway to the internet. The more
important the device features and components are for end-users, the more
entrenched the position of the gatekeeper can become in the digital markets.
</p>
<p>
Monopolised markets are prejudicial to fair competition
and consumer welfare. With gatekeepers controlling operating systems,
apps stores, browsers, and key online services, end-users are left
with no or few choices, hindering individual freedoms and self-determination.
In general terms, gatekeeper control is achieved by:
</p>
<ul>
<li>
<strong>Restricting Software Freedom</strong>: Gatekeepers limit or prevent users
installing different operating systems, browsers, apps stores, drivers,
etc. on their devices. They also impose pre-installed apps on users, and
make their uninstallation impossible.
</li>
<li>
<strong>Locking devices down</strong>: Such companies hinder
interoperability, exercise tight control over APIs, and apply proprietary
standards, hampering functionalities and blocking access to drivers and
hardware.
</li>
<li>
<strong>Increasing switching costs</strong>: Gatekeepers keep users
in "walled gardens", tie devices to online accounts, bundle apps stores,
and hamper data portability, making it harder for users to switch
software, devices, and services.
</li>
</ul>
<figure class="no-border">
<a
href="https://pics.fsfe.org/uploads/medium/77a19abc35b147a07d16525ddf38b37a.png">
<img
src="https://pics.fsfe.org/uploads/medium/77a19abc35b147a07d16525ddf38b37a.png"
alt="Drawing of smartphone, a person and locked devices." />
</a>
<figcaption>
Gatekeepers' power over devices: restricting software freedom, locking devices down, and increasing switching costs.
</figcaption>
</figure>
<module id="banner-subscribe" />
<h2 id="device-neutrality-free-software">Device Neutrality and Free Software</h2>
<p>
The monopolistic power of gatekeepers threatens software freedom, individual
autonomy, consumer welfare, and digital sovereignty. Device Neutrality
represents ways to disintermediate the power of gatekeepers and re-establish
competition in markets and end-user control over devices. Users should be
able to bypass gatekeepers and have the ability to run Free Software on
their equipment. Device Neutrality's main goal is to resolve the
termination monopoly over devices, so users can enjoy software freedom and
have access to alternative services and content with their devices.
</p>
<p>
Re-establishing end-user control over devices and fair competition in digital
markets requires safeguarding software freedom in devices, protecting end-users
from lock-in, and promoting end-user control over data.
</p>
<div class="icon-grid one-per-row">
<ul>
<li>
<img src="/graphics/icons/autonomy.png" alt="A broken chain" />
<div>
<h3 id="dn-software-freedom">Software Freedom</h3>
<p>
Blocking end-users' freedom to install, run, and uninstall software on
their devices is a central source of gatekeepers' control. Although gatekeepers may
argue that installing third party software could be potentially harmful to users due to
security, data integrity, and privacy concerns, in fact commercial
interests are the main drive to lock users in.
</p>
<p>
Instead, users regaining control over devices requires safeguarding
software freedom. Users should have the ability to install and
uninstall any software, including operating systems and app
stores. Besides, gatekeepers should provide the same access
privileges to third party applications as to the pre-installed ones.
</p>
</div>
</li>
<li>
<img src="/graphics/icons/no-lock-in.png" alt="An open lock" />
<div>
<h3 id="dn-no-lock-in">No Lock-In</h3>
<p>
Keeping users in very restrictive
environments is another key source of gatekeeper control. Users can only
access and use different services if their devices can interact and
communicate with other devices and services. Big tech industry players exercise direct
control over their customers by locking them into a very limited number
of proprietary alternatives that operate within a "compatible" but not
interoperable ecosystem. This results in less freedom for users and
increasing switching costs.
</p>
<p>
Therefore, high degrees of interoperability, wide implementation
of <a href="/freesoftware/standards/index.html">Open
Standards</a>, and easy access to APIs' specifications and
functionalities invoked by third party apps are fundamental.
Equally important, devices should not be bundled with apps stores
and online accounts. Gatekeepers should permit third-party apps
stores and code repositories in their devices. Gatekeepers should
provide non-discriminatory access to Free Software in their
stores, and not favour or give undue preference to their own
products.
</p>
</div>
</li>
<li>
<img src="/graphics/icons/transparency.png" alt="An open hand" />
<div>
<h3 id="dn-control-over-data">End-User Control Over Data</h3>
<p>
Breaking monopolies over
devices necessarily requires empowering users to control their own data
on their equipment. Smartphones, smartwatches, and computers are very personal
equipment which accumulate a large amount of personal and non-personal
data that users care about. Transferring such data constitutes a switching cost that
can be decisive in preventing users from exercising their freedom to
change devices. This is especially problematic for switching between
operating systems. Besides, the importance of the correlation between
data and software tends to grow, encompassing further developments with
artificial intelligence and future technologies, which will create an
additional layer of complexity for end-users controlling their data.
</p>
<p>
That's why end-users should be able to easily transfer personal
data from apps, operating systems, and devices. Most importantly,
gatekeepers should be bound to <a
href="/freesoftware/standards/index.html">Open Standards</a> and
common interfaces for data transfer.
</p>
</div>
</li>
</ul>
</div>
<hr />
<h2 id="dn-reality">Making Device Neutrality a Reality</h2>
<p>
Since its genesis, the FSFE has been working to put control over
technology in the hands of users. Through the years, we have gained
experience with several dedicated activities focused on how users can keep
their control over devices. We have been working closely with decision makers,
communities, and businesses to ensure that end-users are empowered to control
technology. Our work has been translating the demands for Device Neutrality into
a vivid reality for digital markets with several dedicated activities and
initiatives.
</p>
<h3 id="dn-dma">Digital Markets Act</h3>
<p>
In 2022, several components of Device Neutrality were included in the
<a href="/activities/dma/dma.html">Digital Markets Act (DMA)</a>,
the European Union's largest initiative to regulate gatekeepers in digital
markets. Although the law contains the principles for making Device
Neutrality a reality, its regulations concern only very large platforms.
The DMA establishes obligations for gatekeepers - “dos” and “don'ts” they
must comply with - and prescribes fines and penalties for infringements.
The DMA encompasses several rules concerning Device Neutrality, including
safeguarding the right to uninstall pre-installed software and several
measures for preventing lock-in, as well as fostering interoperability and
end-user control over personal data.
</p>
<h3 id="dn-initiatives">Initiatives for Device Neutrality</h3>
<p>
Device ecosystems are extremely complex, and enforcing Device Neutrality
requires dedicated initiatives focusing on specific aspects of how end-users
use and interact with devices. Through the years, our activities have related
to several components of Device Neutrality, such as promoting software freedom,
protecting end-users from lock-in, and fostering self-empowerment related to
personal data.
</p>
<div class="icon-grid">
<ul>
<li>
<img src="/graphics/icons/legal-structure.png" alt="A symbol for a legal file" />
<div>
<h3 id="id-dma-icon">DMA</h3>
<p>
The <a href="/activities/dma/dma.html">Digital Markets Act (DMA)</a>
is a game-changer for regulating gatekeepers. Its rules pertain to several
aspects of Device Neutrality. The FSFE collaborated in the legislative
process and is closely following its implementation.
</p>
</div>
</li>
<li>
<img src="/graphics/logos/RouterFreedom-logo.png" alt="Router Freedom Logo" />
<div>
<h3 id="id-router-freedom">Router Freedom</h3>
<p>
<a href="/activities/routers/routers.html">Router Freedom</a> is the right
everyone has to choose and use their own routers and modems. The FSFE has been
working for a decade to make this right a reality.
</p>
</div>
</li>
<li>
<img src="/graphics/logos/ua.png" alt="Logo of Upcycling Android" />
<div>
<h3 id="id-ua">Upcycling Android</h3>
<p>
Free Software helps to extend the lifespan of devices. With <a href="/activities/upcyclingandroid">Upcycling Android</a>
we are promoting sustainable ways to overcome software obsolescence in
the Android world.
</p>
</div>
</li>
<li>
<img src="/graphics/logos/radiodirective.png" alt="Logo of the Radio Lockdown Directive activity" />
<div>
<h3 id="id-red">Radio Lockdown Directive</h3>
<p>
EU legislation can sometimes create hurdles for the usage of Free Software
in radio devices. We are promoting <a href="/activities/radiodirective/radiodirective.html">better policy and legislative solutions</a>
for end-users of radio equipment.
</p>
</div>
</li>
</ul>
</div>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/991c7845beed330024615173a7c4175d.jpg"
alt="Three happy persons work together with computers and smartphones." />
<figcaption>
People should be in control of technology. Help us to make Device
Neutrality a reality!
</figcaption>
</figure>
<p>
Nevertheless, although the Device Neutrality principles may seem common
knowledge for the Free Software community, they are far from being current
commercial practices by gatekeepers. Monitoring enforcement of and
compliance with the DMA, conducting device-related activities, and
promoting software freedom require a lot of resources.
<fsfe-cd-donate-link>Please consider becoming a FSFE
donor</fsfe-cd-donate-link>; you enable our long-term engagement and
professional commitment in defending people's rights to control
technology.
</p>
<p class="text-center">
<fsfe-cd-donate-link class="btn btn-lg btn-primary">
I want to donate for Device Neutrality!
</fsfe-cd-donate-link>
</p>
</div>
<related-feed tag="deviceneutrality" />
</body>
<sidebar promo="our-work">
<h2>Enforcing Device Neutrality</h2>
<ul>
<li><a href="/activities/dma/dma.html">Device Neutrality and the DMA</a>
</li>
</ul>
<h2>Free Software and Devices</h2>
<ul>
<li><a href="/activities/routers/">Router Freedom</a></li>
<li><a href="/activities/upcyclingandroid/">Upcycling Android</a></li>
<li><a href="/activities/radiodirective/">EU Radio Lockdown</a></li>
</ul>
<h2>Support the FSFE</h2>
<p>
As a non-profit, non-governmental organisation, Free Software Foundation
Europe works to create general understanding and support for Free Software
and Open Standards in politics, business, law, and society at large.
By becoming a supporter of the FSFE you empower our work and help to assure our financial independence.
</p>
<fsfe-cd-donate-link class="big-donate">Become a supporter</fsfe-cd-donate-link>
</sidebar>
</html>

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news/*/*:[deviceneutrality]
news/*/.*:[deviceneutrality]
events/*/*:[deviceneutrality]
events/*/.*:[deviceneutrality]

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<?xml version="1.0" encoding="UTF-8" ?>
<activityset>
<version>1</version>
<activity id="devices" date="2021-11-01" status="active">
<title>Digital Markets Act</title>
<description>
Device Neutrality is the policy concept to regulate monopoly over
devices and re-establish end-user control over their digital equipment.
The Digital Markets Act (DMA) regulates the economic activity of large
digital platforms and introduces Device Neutrality in the EU
legislation, fostering access to Free Sofware in Devices.
</description>
<link href="/activities/dma/dma.html" />
<image url="/graphics/logos/dma-logo.png" />
<order priority="4" highlight="yes" />
<tags>
<tag key="policy" />
</tags>
</activity>
</activityset>

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<?xml version="1.0" encoding="UTF-8" ?>
<html>
<version>1</version>
<head>
<title>Digital Markets Act</title>
</head>
<body class="article">
<h1>Digital Markets Act</h1>
<div>
<div id="introduction">
<p>
Device Neutrality is the policy concept to regulate monopoly over
devices and re-establish end-user control over their digital equipment.
The Digital Markets Act (DMA) regulates the economic activity of large
digital platforms and introduces Device Neutrality into EU
legislation, fostering access to Free Software in devices.
</p>
</div>
<!-- @TRANSLATORS: the banner's source file you find here:
https://download.fsfe.org/device-neutrality/device-neutrality-logo-banner.odp -->
<figure class="max-width-100 no-border">
<img
src="https://pics.fsfe.org/uploads/big/de9a14dc3122b5c304d8644d584abb6c.png"
alt="Device neutrality: safeguarding free software in devices" />
</figure>
<div class="toc">
<p>Table of contents</p>
<ol>
<li>
<a href="#dma-monopolisation-end-user-rights">Market monopolisation and end-users' rights</a>
</li>
<li>
<a href="#dma-overview">Digital Markets Act: an overview</a>
<ol>
<li><a href="#dma-gatekeepers">Who are the gatekeepers</a></li>
<li><a href="#dma-device-neutrality-rules">Device Neutrality rules in the DMA</a></li>
<li><a href="#dma-enforcement-mechanisms">Enforcement mechanisms</a></li>
</ol>
</li>
<li>
<a href="#dma-concerns-fs">DMA and concerns for Free Software</a>
<ol>
<li><a href="#dma-open-standards-missing">Open Standards are missing</a></li>
<li><a href="#dma-security-vs-commercial">Security concerns vs commercial interests</a></li>
<li><a href="#dma-complex-enforcement">Complex enforcement</a></li>
</ol>
</li>
<li>
<a href="#dma-your-help">Help making Device Neutrality a Reality!</a>
</li>
</ol>
</div>
<h2 id="dma-monopolisation-end-user-rights">Market monopolisation and end-users' rights</h2>
<p>
The monopolistic power of large tech corporations causes distortions in
digital markets. This negatively affects end-users’ rights and control over
devices. Users' freedoms relating to Free Software depend on a political
and economic environment in which they can exercise their free choice
when using their devices without being stuck in closed environments under
control of gatekeepers.
</p>
<p>
<a href="/activities/deviceneutrality/devices.html">Device Neutrality</a> is
a policy concept aimed to deal with unbalanced power over digital devices.
Free Software has a central role to re-establish fair competition
and market dynamics that are more favourable to end-users. In this page we
will learn how digital markets can benefit from strict rules for
regulating the economic activity of companies with such power. The Digital Markets
Act (DMA) is an example of such regulation. With proper enforcement, the law has
the potential to facilitate access to Free Software in devices.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/9582a72c2875f67c324db79ffe35ec66.jpg"
alt="Smartphone being hold by hand." />
<figcaption>
Monopolies in digital markets affect directly end-users' rights over devices.
</figcaption>
</figure>
<p>
Device Neutrality translates in the DMA as stricter consent rules for
pre-installed apps, safeguards against vendor lock-in, and data interoperability.
Such regulatory elements represent powerful mechanisms to safeguard better
access and usage of Free Sofware in devices by end-users. Nevertheless, the enforcement
of these rules holds challenges for the practical implementation of Device Neutrality principles, and
ultimate attainment of Device Neutrality.
</p>
<h2 id="dma-overview">Digital Markets Act: an overview</h2>
<p>
The <a
href="https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/digital-markets-act-ensuring-fair-and-open-digital-markets_en">Digital
Markets Act (DMA)</a> is an EU law approved in 2022 to regulate the
economic activity of large digital platforms that act as "gatekeepers" in
an attempt to create a fairer and more competitive market for online
platforms in the EU. The DMA is an important advance, setting up
several anti-monopoly obligations that impact software freedom,
interoperability, and control over personal data. The three principal
elements of the DMA are the designation of gatekeepers, the list of
dos and don'ts, and the enforcement mechanisms.
</p>
<h3 id="dma-gatekeepers">Who are the gatekeepers</h3>
<p>
The scope of the DMA does not cover all digital services in the markets,
but only those qualifying as "core platform services" (CPSs) listed in
Art. 2(2). These include online intermediation services, search engines,
social networks, video sharing platforms, messaging apps, operating
systems, web browsers, virtual assistants, cloud computing services, and
online advertising.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/bd189c869dba6146ebd88f81e616c8eb.png"
alt="Alt: Alt: Illustration of a computer, a tablet and a smartphone." />
<figcaption>
Gatekeepers can be device manufacturers, vendors or internet platforms
that meet the criteria defined by the DMA.
</figcaption>
</figure>
<p>
The DMA constitutes asymmetric regulation. Its obligations do not apply to
all tech companies, but only to those providers which have been designated
as <i>gatekeepers</i>. Such designation is done by the European
Commission based on a cumulative "three criteria test" listed in Art.3(1):
Gatekeepers are those companies with "significant impact on the EU
internal market", which "control an important gateway for business users
to reach end-users", and enjoy an "entrenched and durable position in the
market". The DMA presumes the criteria are met when the company is extremely
large with an average market capitalisation of ≥ EUR 75 billion and more than
45 million monthly active end-users.
</p>
<module id="banner-subscribe" />
<h3 id="dma-device-neutrality-rules">Device Neutrality rules in the DMA</h3>
<p>
DMA is an economic regulatory tool, not consumer protection legislation.
But many of its rules directly and indirectly affect end-users. The DMA
seeks to balance the power of gatekeepers in digital markets by protecting
end-users from monopolistic practices and promoting fair competition
among market players. For Device Neutrality, this means that
end-users should be able to bypass gatekeepers and have the right to access
alternative routes to the markets, so they can enjoy products and services
not dominated by gatekeepers (e.g. installing Free Software on their devices).
In other words, gatekeepers should not restrict business and individual end-users from
accessing rival routes to market for content, software, and other
digital services.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/d2484017914fd8dc06a6ba9621d5e8ff.png"
alt="Alt: Illustration of a smartphone and a sad person." />
<figcaption>
End-users should be able to bypass gatekeepers in order to access rival content,
software and other digital services on the markets.
</figcaption>
</figure>
<p>
The DMA presents a list of "hard" and "soft" obligations for each of
the gatekeeper’s core platform services that are designated by the
Commission in Arts. 5-7, coupled with corrective mechanisms
in Arts. 8-13. These include <a
href="https://download.fsfe.org/device-neutrality/art-dma-dn.pdf">
several provisions related to Device Neutrality</a>.
</p>
<p>
In relation to <strong>software freedom</strong>, gatekeepers
are required to allow end-users to uninstall any pre-installed
software in devices (Art. 6(3)), as well as to enable the installation
and use of third-party apps or apps stores on devices (Art. 6 (4)).
</p>
<p>
The DMA includes several provisions to enhance the <strong>protection
against vendor lock-in</strong>. Gatekeepers cannot prohibit app developers
to set different prices and conditions for their apps in alternative stores
(e.g. F-Droid) (Art. 5(3)). Gatekeepers cannot make software developers
and end-users register or sign in for a service or app as a condition for access to
their or another gatekeeper's service or app (Art. 5(7)). Besides,
they should allow end-users to access and use third-party apps, content,
subscriptions, features, or other functionalities (Art. 5(5)). Finally,
Gatekeepers cannot restrict the ability of end-users to switch between and
subscribe to different apps and services that are accessed via the operating system
or apps store (Art. 6(6)).
</p>
<p>
<strong>Interoperability and control over data</strong> is also contemplated
as an important factor against lock-in. Gatekeepers should provide the same
hardware and software features accessed or controlled via the operating system
to third-party developers (Art. 6(7). This includes data interoperability
(also called real-time data portability (Art. 6(9) and
interoperability among messaging apps (Art. 7).
</p>
<h3 id="dma-enforcement-mechanisms">Enforcement mechanisms</h3>
<p>
The DMA represents a new attitude towards platform regulation. It is a
hybrid form of competition and telecommunications law, whereby a
designated authority identifies who will fall under the scope of
the regulation. However, unlike telecom law, which requires action by national
regulatory authorities, enforcement is centralized in the European
Commission. The Commission can investigate (Art. 16) whether a company
should be designated as a gatekeeper and its compliance, as well as update
the list of obligations. The Commission can also impose fines up to 10% of
the gatekeeper's yearly turnover or periodic penalty payments up to 5% of
the average daily worldwide turnover (Arts. 30-31).
</p>
<p>
End-users, competitors and other organisations can collaborate in the enforcement
of the DMA by informing national regulatory authorities about illegal practices
by gatekeepers. The regulators can communicate to the Commission to start proceedings.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/6b5043bde262be066db2e6e8f24e7814.png"
alt="Illustration of two persons with a smartphone, a pc and a tablet." />
<figcaption>
Proper implementation and enforcement can facilitate broader usage
of Free Software in devices.
</figcaption>
</figure>
<h2 id="dma-concerns-fs">DMA's implementation and Free Software</h2>
<p>
Users' freedoms relating to Free Software depend on a political
and economic environment in which they can exercise their free choice
when using their devices without being stuck in closed environments under
control of gatekeepers. Digital markets can benefit with the DMA regulating
the commercial practices of large platforms, forcing them to facilitate
access to Free Software in devices. Nevertheless, the DMA still falls short
in some aspects involving Open Standards, the pressure gatekeepers can exercise
over decision makers, and complex digital enviroments.
</p>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/5a906d4e08c44965b4f14cc18bd9f8be.png"
alt="Illustration of smartphoe, tablet and interface." />
<figcaption>
Although DMA represents a step forward in terms of gatekeeper regulation,
there are be challenges for effective implementation.
</figcaption>
</figure>
<h3 id="dma-open-standards-missing">Open Standards are missing</h3>
<p>
In the legislative process, the FSFE urged the inclusion of clear
language mandating the adoption of Open Standards for the interoperability
obligations, which was not done in the final version of the law.
Instead, the DMA mentions "free and effective interoperability"
(Art. 6(7)) regarding hardware and software features that can be
accessed/controlled via an operating system by third parties, as well as
"fair, reasonable and non-discriminatory access conditions" to apps
stores, search engines, and operating systems. The solution adopted may
allow gatekeepers to implement proprietary standards and restrictive
access to APIs that are incompatible with Free Software. This was a lost
chance to leverage competition with accessible and non-discriminatory
technical specifications. Open Standards remain an important element for
innovation by allowing market actors to innovate on top of technical
standards.
</p>
<h3 id="dma-security-vs-commercial">Security concerns vs commercial interests</h3>
<p>
Another source of concern relates to how the law allows gatekeepers to
limit interoperability for the sake of integrity and security of the
gatekeepers' services or devices (Art. 6 (3) and (7)). Our experience
demonstrates that companies have been claiming security concerns to limit
users' rights and software freedom even in the absence of empirical
evidence of such risks for the integrity of the devices. Instead,
commercial interests are the main drive to pursue such restrictive
practices. This provision in the DMA has the potential to hinder
compliance or even, in a worse case, strength or consolidate the
gatekeepers' entrenched position in the market.
</p>
<h3 id="dma-complex-enforcement">Complex enforcement</h3>
<p>
The procedural enforcement efforts also raise questions regarding
achieving real and effective Device Neutrality. The DMA encompasses the
regulation of several complex layers of devices, as operating systems,
browsers, and apps stores, as well as interoperability and data portability.
Similarly to telecommunications law, such measures would require further
specification and further regulatory efforts for practical
implementation. As our experience has shown with Router Freedom in the EU,
although the related telecom rules were much simpler to implement, even so
they have been taking years to be properly applied by national regulators.
Therefore, not only the lobbying power of such platforms, the
allowances the law makes towards "security and integrity", and the absence of
clear language mandating Open Standards, but also market pressure can
relativize the enforcement priorities of the Commission and other
policymaking bodies.
</p>
<h2 id="dma-your-help">Help making Device Neutrality a reality!</h2>
<p>
The FSFE has extensive experience in monitoring compliance with
telecommunications and internet legislation, working together with the
commission in antitrust cases, as well as with national regulatory bodies.
We will continue to dedicate efforts in the process of enforcing the DMA
and making Device Neutrality a reality in the EU. For that, we count on
your support for our work with a donation. Get active and help us
empower you to regain control over your devices!
</p>
<p class="text-center">
<fsfe-cd-donate-link class="btn btn-lg btn-primary">
I want to donate for Device Neutrality!
</fsfe-cd-donate-link>
</p>
<figure class="max-width-100 no-border">
<a
href="https://pics.fsfe.org/uploads/big/a9669e241527f1769e2fe67418a77f0d.jpg">
<img
src="https://pics.fsfe.org/uploads/big/a9669e241527f1769e2fe67418a77f0d.jpg"
alt="Screenshot from the Core Values video: software freedom." />
</a>
<figcaption>
Monitoring and compliance efforts require substantial efforts, human and
material ressources. We need your help to make Device Neutrality a reality!
</figcaption>
</figure>
</div>
<related-feed tag="deviceneutrality" />
</body>
<sidebar promo="our-work">
<h2>Regaining control over devices</h2>
<ul>
<li>
<a href="/activities/deviceneutrality/devices.html">Device
Neutrality and Free Software</a>
</li>
</ul>
<h2>Related activities</h2>
<ul>
<li><a href="/activities/routers/routers.html">Router Freedom</a></li>
<li><a href="/activities/upcyclingandroid/">Upcycling Android</a></li>
<li><a href="/activities/radiodirective/radiodirective.html">EU Radio Lockdown</a></li>
</ul>
<h2>Support the FSFE</h2>
<p>
As a non-profit, non-governmental organisation, Free Software Foundation
Europe works to create general understanding and support for Free Software
and Open Standards in politics, business, law and society at large.
By becoming a supporter of the FSFE you empower our work and help to assure our financial independence.
</p>
<fsfe-cd-donate-link class="big-donate">Become a supporter</fsfe-cd-donate-link>
</sidebar>
</html>

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