After the EU named Facebook Messenger and Marketplace, and TikTok gatekeeper platforms under its Digital Markets Act, both parents companies have decided to launch legal challenges against the designation. Credit: Shutterstock Meta and ByteDance, the parent company of TikTok, have launched a challenge against the gatekeeper status designated to them by the European Commission under the EU’s Digital Markets Act. The DMA came into force in September 2023 and is designed to rein in the power of large tech corporations, requiring them to change how they integrate digital services and handle customer data while also addressing issues including the right to uninstall software on devices, greater personal data access controls, enhanced advertising transparency, an end to vendors self-preferencing their own services, and a stop to certain restrictive app store requirements for developers. The legislation targets companies with a market capitalization of at least €75 billion ($81 billion) or sales in Europe of over €7.5 billion, at least 45 million monthly users in the EU, and which provide certain applications such as web browsers, virtual assistants, and messaging or social media services. In September, the EU released a list of 22 so-called gatekeeper services being run by six tech companies — Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft. Under the DMA, the Commission can designate digital platforms as gatekeepers if they provide an important gateway between businesses and consumers in relation to core platform services. Microsoft and Google have decided to not challenge the designation, while Apple and Amazon have not made any public statement regarding their designation but are reportedly considering their options. The deadline to file an appeal against the gatekeeper status is November 16. Meta has accepted the designation given to Facebook, Instagram, and WhatsApp but is challenging the decision to give gatekeeper status to its Messenger and Marketplace platforms in a court in Luxembourg. “This appeal seeks clarification on specific points of law regarding the designations of Messenger and Marketplace under the DMA,” said a spokesperson from Meta. “It does not alter or detract from our firm commitment to complying with the DMA, and we will continue to work constructively with the European Commission to prepare for compliance.” ByteDance has also started a legal challenge against TikTok’s designation, claiming the EU is wrong to label the platform as a social network. The company has not yet responded to a request for comment. Gatekeepers have until March 7, 2024, to comply with the full terms of the DMA, during which time they must submit a detailed compliance report that outlines how they will fulfill each of the obligations laid out by the legislation. If a gatekeeper does not comply with the DMA’s obligations, the Commission can impose fines of up to 10% of the company’s total worldwide turnover, which can increase to 20% in case of repeated infringement. The EU Commission said it has taken note of the appeals and respects companies’ right to appeal but will defend its designation decisions in court. Related content news analysis The EU has decided to open up iPadOS 'Our market investigation showed that despite not meeting the thresholds, iPadOS constitutes an important gateway on which many companies rely to reach their customers,' said the EU’s lead anti-competition regulator, Margrethe Vestige By Jonny Evans Apr 29, 2024 4 mins Apple Apple App Store iPad how-to A new Windows 11 backup and recovery paradigm? If used properly, new features built into Windows 11 offer safe, nearly complete backup, restore, repair, and recovery operations without third-party tools — but there are some caveats worth knowing. By Ed Tittel Apr 29, 2024 17 mins Windows 11 Backup and Recovery Windows feature Q&A: Georgia Tech dean details why the school needed a new AI supercomputer Georgia Tech partnered with Nvidia to roll out its first supercomputer so students can experiment with AI and machine learning to better prepare for a job market where those skills are now critical to success. By Lucas Mearian Apr 29, 2024 12 mins CPUs and Processors Education Industry Generative AI feature Windows 11 Insider Previews: What’s in the latest build? Get the latest info on new preview builds of Windows 11 as they roll out to Windows Insiders. Now updated for Build 22635.3566 for the Beta Channel, released on April 26, 2024. By Preston Gralla Apr 26, 2024 251 mins Small and Medium Business Microsoft Windows 11 Podcasts Videos Resources Events SUBSCRIBE TO OUR NEWSLETTER From our editors straight to your inbox Get started by entering your email address below. Please enter a valid email address Subscribe