I pray that this, especially the interoperability requirements comes through not only with teeth, but with claws and a ravenous hunger. I believe one of the key things that allow innovation to foster is beating down the rentseekers,i.e. enabling adversarial interoperability https://www.eff.org/fr/deeplinks/2019/10/adversarial-interop... and making it easy for individuals to tinker and innovate without needing capital…
Specifically:
- article 7: Compliance with obligations for gatekeepers
- article 10: Updating obligations for gatekeepers and
- article 11: Anti-circumvention
Fines are up to 10% of annual global turnover, or daily fines up to 5% of average daily annual global turnover.
In more detail:
Article 11, Anti-circumvention
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult.