1. The Commission shall publish the decisions which it takes pursuant to Articles 3 and 4, Article 8(2), Articles 9, 10, 16to 20 and 24, Article 25(1), Articles 29, 30 and 31. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed.

2. The publication shall have regard to the legitimate interest of gatekeepers or third parties in the protection of their confidential information.

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, Article 6(1) or Article 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 7(7);

(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 13(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;

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, Article 6(1) or Article 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 7(7);

(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 13(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) 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), 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.

The Commission may adopt guidelines on any of the aspects of this Regulation in order to facilitate its effective implementation and enforcement.

Where appropriate and necessary, the Commission may mandate European standardisation bodies to facilitate the implementation of the obligations set out in this Regulation by developing appropriate standards.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 3(5) and (6) and Article 12(1) and (2) shall be conferred on the Commission for a period of 5 years from …… [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

3. The delegation of power referred to in Article 3(5) and (6), and Article 12(1) and (2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 3(5) and (5a), and Article 12(1) and (2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

1. The Commission shall be assisted by a committee (‘the Digital Markets Advisory Committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

4. The Commission shall communicate the opinion of the committee to the addressee of an individual decision, together with that decision. It shall make the opinion public together with the individual decision, having regard to the legitimate interest in the protection of professional secrecy.

In Point J of Part I of the Annex to Directive (EU) 2019/1937, the following point is added:

‘(iv) Regulation (EU) …/… of the European Parliament and of the Council of … on contestable and fair markets in the digital sector (Digital Markets Act) (OJ L …, …, p. …)+.’

In Annex I to Directive (EU) 2020/1828, the following point is added:

"(67) Regulation (EU) …/… of the European Parliament and of the Council of … on contestable and fair markets in the digital sector (Digital Markets Act) (OJ L …, …, p. …)+."

1. By … [3 years from the date of application of this Regulation], and subsequently every 3 years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.

2. The evaluations shall assess whether the aims of this Regulation of ensuring contestable and fair markets have been achieved and assess the impact of this Regulation on business users, especially SMEs, and end users. Moreover, the Commission shall evaluate if the scope of Article 7 may be extended to online social networking services.

3. The evaluations shall establish whether it is required to modify rules, including regarding the list of core platform services laid down in Article 2, point (2), the obligations laid down in Articles 5, 6 and 7 and their enforcement, to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.

4. The competent authorities of Member States shall provide any relevant information they have that the Commission may require for the purposes of drawing up the report referred to in paragraph 1.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from … [6 months after its entry into force].

However, Article 3(5) and (6) and Articles 40, 46, 47, 48, 49 and 50 shall apply from … [date of entry into force of this Regulation] and Article 42 and Article 43 shall apply from 25 June 2023.

Nevertheless, if the date of 25 June 2023 precedes the date of application referred to in the second subparagraph, the application of Article 42 and Article 43 shall be postponed until the date of application referred to in the second subparagraph.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …,

For the European Parliament For the Council

The President The President

I. ‘General’

1. This Annex aims at specifying the methodology for identifying and calculating the ‘active end users’ and the ‘active business users’ for each core platform service listed in Article 2 point (2). It provides a reference to enable an undertaking to assess whether its core platform services meet the quantitative thresholds set out in Article 3(2) point (b) and would therefore be presumed to meet the requirement in Article 3(1) point (b). Such reference will therefore equally be of relevance to any broader assessment under Article 3(8). It is the responsibility of the undertaking to come to the best approximation possible in line with the common principles and specific methodology set out in this Annex. Nothing in this Annex precludes the Commission, within the time limits laid down in the relevant provisions of this Regulation, from requiring the undertaking providing core platform services to provide any information necessary to identify and calculate the ‘active end users’ and the ‘active business users’. Nothing in this Annex should constitute a legal basis for tracking users. The methodology contained in this Annex is also without prejudice to any of the obligations laid down in this Regulation, notably in Article 3(3) and (8) and Article 13(3). In particular, the required compliance with Article 13(3) also means identifying and calculating ‘active end users’ and ‘active business users’ based either on a precise measurement or on the best approximation available, in line with the actual identification and calculation capacities that the undertaking providing core platform services possesses at the relevant point in time. Those measurements or the best approximation available shall be consistent with, and include, those reported under Article 15.

2. Article 2 points (20) and (21) set out the definitions of ‘end user’ and ‘business user’, which are common to all core platform services.

3. In order to identify and calculate the number of ‘active end users’ and ‘active business users’, this Annex refers to the concept of ‘unique users’. The concept of ‘unique users’ encompasses ‘active end users’ and ‘active business users’ counted only once, for the relevant core platform service, over the course of a specified time period (i.e. month in case of ‘active end users’ and year in case of ‘active business users’), no matter how many times they engaged with the relevant core platform service over that period. This is without prejudice to the fact that the same natural or legal person can simultaneously constitute an ‘active end user’ or an ‘active business user’ for different core platform services.

B. ‘Active end users’

1. The number of ‘unique users’ as regards ‘active end users’ shall be identified according to the most accurate metric reported by the undertaking providing any of the core platform services, specifically:

a. It is considered that collecting data about the use of core platform services from signed-in or logged-in environments would prima facie present the lowest risk of duplication, for example in relation to user behaviour across devices or platforms. Hence, the undertaking shall aggregate anonymized data on the number of unique users per respective core platform service based on signed-in or logged-in environments, if such data exists.

b. In the case of core platform services which are also accessed by end users outside signed-in or logged-in environments, the undertaking shall additionally aggregate anonymized data on the number of unique users of the respective core platform service based on an alternate metric capturing also end users outside signed-in or logged-in environments, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags, provided that those addresses or identifiers are objectively necessary for the provision of the core platform services.

2. The number of ‘monthly active end users’ is based on the average number of monthly active end users throughout the largest part of the financial year. The notion ´the largest part of thefinancial year´ is intended to allow an undertaking providing core platform services to discount outlier figures in a given year. Outlier figures inherently mean figures that fall significantly outside the normal and foreseeable figures. An unforeseen peak or drop in user engagement that occurred during a single month of the financial year is an example of what could constitute such outlier figures. Figures related to annually recurring occurrences, such as annual sales promotions, are not outlier figures

C. ‘Active business users’

The number of ‘unique users’ as regards ‘business users’ is to be determined, where applicable, at the account level with each distinct business account associated with the use of a core platform service provided by the undertaking constituting one unique user of that respective core platform service. If the notion of ´business account´ does not apply to a given core platform service, the relevant undertaking providing core platform services shall determine the number of unique users by referring to the relevant undertaking.

D. ‘Submission of information’

1. The undertaking submitting to the Commission pursuant to Article 3(3) information concerning the number of active end users and active business users per core platform service shall be responsible for ensuring the completeness and accuracy of that information. In that regard:

a. The undertaking shall be responsible for submitting data for a respective core platform service that avoids under-counting and over-counting the number of active end users and active business users (for example, where users access the core platform services across different platforms or devices).

b. The undertaking shall be responsible for providing precise and succinct explanations about the methodology used to arrive at the information and of any risk of under-counting or over-counting of the number of active end users and active business users for a respective core platform service and of the solutions adopted to address that risk.

c. The undertaking shall provide data that is based on an alternative metric when the Commission has concerns about the accuracy of data provided by the undertaking providing core platform services.

2. For the purpose of calculating the number of ‘active end users’ and ‘active business users’:

a. The undertaking providing core platform service(s) shall not identify core platform services that belong to the same category of core platform services pursuant to Article 2 point (2) as distinct mainly on the basis that they are provided using different domain names, whether country code top-level domains (ccTLDs) or generic top-level domains (gTLDs), or any geographic attributes.

b. The undertaking providing core platform service(s) shall consider as distinct core platform services those core platform services, which are used for different purposes by either their end users or their business users, or both, even if their end users or business users may be the same and even if they belong to the same category of core platform services pursuant to Article 2 point (2).

c. The undertaking providing core platform service(s) shall consider as distinct core platform services those services which the relevant undertaking offers in an integrated way, but which:

(i) do not belong to the same category of core platform services pursuant to Article 2 point (2) or (ii), are used for different purposes by either their end users or their business users, or both, even if their end users and business users may be the same and even if they belong to the same category of core platform services pursuant to Article 2, point (2).

E. ‘Specific definitions’

The table below sets out specific definitions of ‘active end users’ and ‘active business users’ for each core platform service.