DMA Implementing Regulation

1. Notifications pursuant to Article 3(3), first subparagraph, of Digital Markets Act shall contain all the information, including documents, indicated in the form set out in Annex I to this Regulation.

2. Submissions of information following a Commission request for information referred to in Article 3(3), second subparagraph, of Digital Markets Act shall contain all the information, including documents, set out in the Commission’s request. The Commission may specify, in its request for information, which of the sections of the form set out in Annex I to this Regulation shall be completed.

3. If, in accordance with Article 3(5) of Digital Markets Act, the notifying undertaking wishes to submit, with its notification, sufficiently substantiated arguments to demonstrate that, exceptionally, although it meets all the thresholds in Article 3(2) of that Regulation, due to the circumstances in which the relevant core platform service operates, it does not satisfy the requirements of Article 3(1) of that Regulation, it shall provide such arguments in an annex to its notification. A separate annex shall be submitted for each distinct core platform service for which the notifying undertaking wishes to provide substantiated arguments. The notifying undertaking shall also clearly identify to which of the three cumulative requirements set out in Article 3(1) of Digital Markets Act its arguments relate and, for each argument, it shall explain why the relevant core platform service exceptionally does not satisfy that requirement despite the fact that it meets the corresponding threshold laid down in Article 3(2) of that Regulation.

4. The information submitted to the Commission pursuant to paragraphs 1, 2 and 3 shall be correct, complete and not misleading. It shall be presented in a clear, well-structured and intelligible manner.

5. Where the notifying undertaking requests any piece of information supplied not to be published or otherwise disclosed to other parties, it shall submit that piece of information in a separate document, with each page being clearly marked ‘Business Secrets’, and provide reasons.

6. Notifications and submissions referred to in paragraphs 1, 2 and 3 shall be drafted in one of the official languages of the Union. The language of the procedure shall be the language of the notification referred to in paragraph 1 or, in the absence thereof, of the submission of information referred to in paragraph 2, unless the Commission and the undertaking concerned agree otherwise. Any annexes attached pursuant to paragraph 1 shall be submitted in their original language and, where their original language is not one of the official languages of the Union, they shall be accompanied by a faithful translation into the language of the procedure.

7. The notifications and submissions referred to in paragraphs 1, 2 and 3 shall be accompanied by written proof that the persons submitting them are authorised to act on behalf of the undertaking concerned.

8. The Commission may, upon reasoned request, exempt an undertaking from the obligation to provide specific documents or pieces of information required for the notification referred to in paragraph 1, where the Commission considers that compliance with those obligations is not necessary for its assessment of the notification pursuant to Article 3(4) of Digital Markets Act.

9. The Commission shall, without undue delay, acknowledge in writing to the undertaking concerned or its representatives receipt of notifications or submissions referred to in paragraphs 1, 2 and 3.