Digital Markets, Competition and Consumers Act 2024

20 Permitted types of conduct requirement U.K.

(1) Conduct requirements are of a permitted type if they are within subsection (2) or (3).

(2) Requirements are within this subsection if they are for the purpose of obliging a designated undertaking to—

(a) trade on fair and reasonable terms;

(b) have effective processes for handling complaints by and disputes with users or potential users;

(c) provide clear, relevant, accurate and accessible information about the relevant digital activity to users or potential users;

(d) give explanations, and a reasonable period of notice, to users or potential users of the relevant digital activity, before making changes in relation to the relevant digital activity where those changes are likely to have a material impact on the users or potential users;

(e) present to users or potential users any options or default settings in relation to the relevant digital activity in a way that allows those users or potential users to make informed and effective decisions in their own best interests about those options or settings.

(3) Requirements are within this subsection if they are for the purpose of preventing a designated undertaking from—

(a) applying discriminatory terms, conditions or policies to certain users or potential users or certain descriptions of users or potential users;

(b) using its position in relation to the relevant digital activity, including its access to data relating to that activity, to treat its own products more favourably than those of other undertakings;

(c) carrying on activities other than the relevant digital activity in a way that is likely to materially increase the undertaking’s market power, or materially strengthen its position of strategic significance, in relation to the relevant digital activity;

(d) requiring or incentivising users or potential users of one of the designated undertaking’s products to use one or more of the undertaking’s other products alongside services or digital content the provision of which is, or is comprised in, the relevant digital activity;

(e) restricting interoperability between the relevant service or digital content and products offered by other undertakings;

(f) restricting whether or how users or potential users can use the relevant digital activity;

(g) using data unfairly;

(h) restricting the ability of users or potential users to use products of other undertakings.

(4) The Secretary of State may by regulations amend this section so as to modify the permitted types of requirement.

(5) Regulations under subsection (4) are subject to the affirmative procedure.

Commencement Information

I1 S. 20 in force at Royal Assent for specified purposes, see s. 339(2)(c)