The final text of the Digital Markets Act (DMA)

Article 29, Non-compliance

1. The Commission shall adopt an implementing act setting out its finding of non-compliance (‘the non-compliance decision’) where it finds that a gatekeeper does not comply with one or more of the following:

(a) any of the obligations laid down in Article 5, 6 or 7;

(b) measures specified by the Commission in a decision adopted pursuant to Article 8(2);

(c) remedies imposed pursuant to Article 18(1);

(d) interim measures ordered pursuant to Article 24; or

(e) commitments made legally binding pursuant to Article 25.

That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).

2. The Commission shall endeavour to adopt its non-compliance decision within 12 months from the opening of proceedings pursuant to Article 20.

3. Before adopting the non-compliance decision, the Commission shall communicate its preliminary findings to the gatekeeper concerned. In those preliminary findings, the Commission shall explain the measures it is considering taking or that it considers that the gatekeeper should take in order to effectively address the preliminary findings.

4. Where it intends to adopt a non-compliance decision, the Commission may consult third parties.

5. In the non-compliance decision, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with that decision.

6. The gatekeeper shall provide the Commission with the description of the measures that it has taken to ensure compliance with the non-compliance decision.

7. Where the Commission decides not to adopt a non-compliance decision, it shall close the proceedings by a decision.

Contact us

Cyber Risk GmbH
Dammstrasse 16
8810 Horgen
Tel: +41 79 505 89 60


We process and store data in compliance with both, the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR). The service provider is Hostpoint. The servers are located in the Interxion data center in Zürich, the data is saved exclusively in Switzerland, and the support, development and administration activities are also based entirely in Switzerland.

Understanding Cybersecurity in the European Union.

1. The NIS 2 Directive

2. The European Cyber Resilience Act

3. The Digital Operational Resilience Act (DORA)

4. The Critical Entities Resilience Directive (CER)

5. The Digital Services Act (DSA)

6. The Digital Markets Act (DMA)

7. The European Health Data Space (EHDS)

8. The European Chips Act

9. The European Data Act

10. European Data Governance Act (DGA)

11. The Artificial Intelligence Act

12. The European ePrivacy Regulation

13. The European Cyber Defence Policy

14. The Strategic Compass of the European Union

15. The EU Cyber Diplomacy Toolbox