BEUC news - 02.09.2024

The Digital Markets Act is a crucial piece of legislation to prevent Big Tech (gatekeepers) from controlling digital markets and give consumers greater choice and protection. For example, Apple can no longer force consumers to use its payments system for in-app purchases on iPhones or iPads. Meta will have to provide the possibility for WhatsApp users to communicate with users of other instant messaging platforms. Alphabet/Google must actively ask consumers which search engine they want to use. 

However, although the legislation has been in application since early 2024, we have detected various examples of possible non-compliance from the companies in question, with likely negative consequences for markets and consumers alike.

We summarise in this new paper how we believe Apple, Meta,  Alphabet/Google, Amazon, ByteDance and Microsoft are not complying with the most important, consumer-facing parts of the law. Some of these elements have already been picked up by the Commission in its non-compliance investigations and preliminary findings issued in the spring and summer.

Digital Markets Act rules which various gatekeepers are potentially not complying with include:

• Requiring consumers’ consent to use their personal data across services (Meta, Alphabet/Google, Amazon, ByteDance and Microsoft)

• Subscribing to services outside the gatekeeper’s app store (Apple, Alphabet/Google)

• No self-preferencing in search results (Alphabet/Google, Amazon)

• Browser and  search engines choice screens and default settings (Apple, Alphabet/Google)

• Downloading alternative app stores and apps (Apple)

• Interoperability on instant messaging (Meta)

• Unsubscribing easily from services (Amazon)

It is crucial that the European Commission enforces this major legislation so that Big Tech companies comply fully and consumers reap the benefits of more open digital markets.

Please note: this report is not an assessment of compliance with every single provision of the DMA, but instead covers selected issues that are of most direct relevance to consumers