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activities/dma/dma.en.xhtml
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</ol>
</div>
<h2>Digital Markets Act: an Overview</h2>
<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. User freedoms relating to Free Software depends 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 big tech's unbalanced power over digital devices.
Free Software has a central role in breaking monopolies to re-establish
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 such big companies. The Digital Markets
Act (DMA) is an example of such rules. 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.
The right for end-users to use their own device and operating system is an
important factor to guarantee access of Free Software operating systems to
dominant platforms. As a daily reality for many users, this option enlarges
the audience for Free Software adoption. However, the future holds
challenges for the practical implementation of the DMA rules and
ultimately Device Neutrality.
</p>
<h2 id="dma-overview">Digital Markets Act: an overview</h2>
<p>
The <a
@@ -75,16 +118,9 @@
dos and don'ts and the enforcement mechanisms.
</p>
<figure class="max-width-100 no-border">
<a
href="https://pics.fsfe.org/uploads/big/3b13a012bddb1d0e1511b69aa58d7ceb.png">
<img
src="https://pics.fsfe.org/uploads/big/3b13a012bddb1d0e1511b69aa58d7ceb.png"
alt="DMA and Device Neutrality: gatekeeper designtation, device neutrality obligations, enforcing obligations and monitoring compliance." />
</a>
</figure>
<h3>Who are the gatekeepers</h3>
<h3 id="dma-gatekeepers">Who are the gatekeepers</h3>
<p>
The scope of the DMA does not cover all digital services in the markets,
@@ -94,6 +130,16 @@
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 DMA.
</figcaption>
</figure>
<p>
The DMA constitutes asymmetric regulation. Its obligations do not apply to
@@ -118,41 +164,40 @@
these requirements, but fall under the criteria of Art. 3(1).
</p>
<module id="banner-subscribe" />
<h3>Device Neutrality rules in the DMA</h3>
<h3 id="dma-device-neutrality-rules">Device Neutrality rules in the DMA</h3>
<p>
The two principal DMA objectives are promoting "contestability" and
"fairness" in digital markets. These are specific legal terms. Since DMA
concerns economic rights, it is a consumer protection legislation in a
strict sense, but it contains rules that affect directly and indirectly
end-users. For the DMA, "fairness" means the imbalance of power
between gatekeepers and business users which confers a disproportionate
advantage for the gatekeeper. On its turn, "contestability" aims to
limit the monopolistic power of gatekeepers by allowing their
disintermediation for better competition in the markets. For Device
Neutrality both objectives mean that end-users have the right of access to
alternative routes to market, and third party services and products (e.g.
Free Software) should enjoy equitable treatment relative to the
gatekeeper's services. In other words, gatekeepers should not restrict
business and end-users from accessing rival routes to market for accessing
content, software and other digital services.
</p>
<figure class="max-width-100 no-border">
<a
href="https://pics.fsfe.org/uploads/big/41853f80b7b2b1eea6491c84ef2f574a.png">
<img
src="https://pics.fsfe.org/uploads/big/41853f80b7b2b1eea6491c84ef2f574a.png"
alt="Device Neutrality Principles: software freedom, no vendor lock-in and end-user control over data." />
</a>
DMA is an economic regulatory tool, not a consumer protection legislation.
But many of its rules affect directly and indirectly end-users. The DMA
seeks to balance the power of gatekeepers on 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 end-users from
accessing rival routes to market for accessing 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>
For each of the gatekeeper’s core platform services designated by the
Commission, a set of "hard" and "soft" obligations are imposed in Arts.
5-7, coupled with corrective mechanisms (Arts. 8-13). Provisions related
to Device Neutrality are:
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
(Arts. 8-13). The provisions related to Device Neutrality are:
</p>
<ul>
@@ -282,7 +327,7 @@
</li>
</ul>
<h3>Enforcement mechanisms</h3>
<h3 id="dma-enforcement-mechanisms">Enforcement mechanisms</h3>
<p>
The DMA represents a new attitude towards platform regulation. It is a
@@ -295,6 +340,16 @@
antitrust procedures. For that, the Commission was granted significant
legal powers for enforcing the obligations.
</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>
<p>
Companies falling under the quantitative thresholds of gatekeeper
@@ -332,7 +387,7 @@
practice or behaviour that falls within the DMA’s scope.
</p>
<h2>DMA and concerns for Free Software</h2>
<h2 id="dma-concerns-fs">DMA's implementation and Free Software</h2>
<p>
The monopolistic power of large tech corporations causes distortions on
@@ -352,21 +407,17 @@
implementation of the DMA rules and ultimately Device Neutrality.
</p>
<figure class="max-width-100 no-border">
<a
href="https://pics.fsfe.org/uploads/medium/7bd8e2f6b3f88a3b2d049f92f471c91c.jpg">
<img
src="https://pics.fsfe.org/uploads/medium/7bd8e2f6b3f88a3b2d049f92f471c91c.jpg"
alt="A man looks into a smartphone." />
</a>
<figure class="no-border">
<img
src="https://pics.fsfe.org/uploads/medium/5a906d4e08c44965b4f14cc18bd9f8be.png"
alt="Illustration of smartphoe, tablet and interface." />
<figcaption>
The DMA represents a significant step for breaking monopolies over
devices. However, practical implementation may present challenges for
Free Software and Open Standards.
Although DMA represents a step forward in terms of gatekeeper regulation,
there are be challenges for effective implementation.
</figcaption>
</figure>
<h3>Open Standards are missing</h3>
<h3 id="dma-open-standards-missing">Open Standards are missing</h3>
<p>
Still in the legislative process, the FSFE defended the inclusion of clear
@@ -385,7 +436,7 @@
standards.
</p>
<h3>Security concerns vs commercial interests</h3>
<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
@@ -400,7 +451,7 @@
gatekeepers' entrenched position in the market.
</p>
<h3>Complex digital and market environments</h3>
<h3 id="dma-complex-enforcement">Complex enforcement</h3>
<p>
The procedural enforcement efforts also raise questions regarding
@@ -419,7 +470,7 @@
policymaking bodies.
</p>
<h2>Your help for Device Neutrality is needed</h2>
<h2 id="dma-your-help">Help making Device Neutrality a reality!</h2>
<p>
The FSFE has a large experience in monitoring compliance with
@@ -430,6 +481,12 @@
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
@@ -439,14 +496,14 @@
alt="Screenshot from the Core Values video: software freedom." />
</a>
<figcaption>
Although the DMA represents an important step towards software freedom
and devices, its practical implementation will be complex and will
require substantial efforts for compliance enforcement and monitoring.
We need your help to make Device Neutrality a reality!
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>