Five Things to Know about the EU's Landmark Digital Act

The European Union in September named six gatekeepers including Apple and Google that must adhere to the rules. Kenzo TRIBOUILLARD / AFP/File
The European Union in September named six gatekeepers including Apple and Google that must adhere to the rules. Kenzo TRIBOUILLARD / AFP/File
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Five Things to Know about the EU's Landmark Digital Act

The European Union in September named six gatekeepers including Apple and Google that must adhere to the rules. Kenzo TRIBOUILLARD / AFP/File
The European Union in September named six gatekeepers including Apple and Google that must adhere to the rules. Kenzo TRIBOUILLARD / AFP/File

The world's biggest digital companies will be forced to comply from Thursday with strict EU rules that Brussels hopes will make the online market fairer for all.
The European Union in September named six so-called gatekeepers and 22 of their platforms including Facebook, Instagram and LinkedIn that must adhere to the rules: Google's Alphabet, Amazon, Apple, TikTok parent ByteDance, Meta and Microsoft.
That list is expected to grow after online travel agent Booking and Elon Musk's X notified the European Commission last week that they met the criteria to be considered gatekeepers.
Here are five rules included in the law that will force the titans to change their ways.
Save the start-ups
Big tech companies make billions of dollars in profit every year and some of the windfall goes to scooping up start-ups and innovators.
This rankles authorities, who accuse the giants of using their war chests to snuff out potential rivals before they become a threat.
Under the new rules all buyouts, no matter how small, will have to be notified to the commission, the EU's executive arm based in Brussels.
The commission also acts as the EU's powerful competition regulator.
Messaging unity
After multiple scandals that hit Meta-owned Facebook, many users chose to swap the giant's Messenger or WhatsApp messaging services for alternatives, such as Signal or Telegram.
Yet the market power of Meta's services remains strong, making it difficult for WhatsApp dissenters to keep messaging links with family and friends.
To solve this, the DMA imposes interoperability between messaging apps, all while demanding that communications remain encrypted from user to user.
Fair shopping on Amazon
Amazon is a major shopping platform for thousands of companies to sell their wares online. But suspicions are rife that the online giant abuses its role as a marketplace to better position its own products as a retailer.
The DMA will ban this conflict of interest, as well as demand that the gatekeepers share key information with business customers.
Open the App Store
Around the world, Apple has defended the sanctity of its App Store, barring companies from using their own payment systems or for apps to be downloaded outside the Apple store.
Despite its warnings that opening up iPhones would pose a security threat, the DMA will force Apple to give ground on both those fronts.
Apple has said it will comply, but app developers and some digital companies, including Swedish music streaming giant Spotify, have accused it of acting in bad faith with changes that create prohibitive new costs for rivals.
Failure to comply with the DMA could carry fines in the billions of dollars -- big enough even for the world's biggest company by market value to pay attention.
Repeat offenders would see fines of 20 percent of their global turnover.
Any gatekeeper platform that locks in customers to use pre-installed services, such as a web browser, mapping or weather information, will also face fines.
Ad transparency
Google's search engine and Meta's Facebook and Instagram are the world's biggest online advertisers, a status that critics say the companies abuse by accumulating valuable data about customers and keeping it to themselves.
The DMA will force the tech giants to reveal much more to advertisers and publishers on how their ads work and on an ad's actual effectiveness.
This will make companies less beholden to Google or Facebook for understanding their customers and potentially encourage firms to get their message out in new ways.



US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
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US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)

The Justice Department late Friday filed its response to TikTok's civil suit aimed at derailing a law that would force the app to be sold or face a US ban.

TikTok's suit in a Washington federal court argues that the law violates First Amendment rights of free speech.

The US response counters that the law addresses national security concerns, not speech, and that TikTok's Chinese parent company ByteDance is not able to claim First Amendment rights here.

The filing details concerns that ByteDance could, and would, comply with Chinese government demands for data about US users or yield to pressure to censor or promote content on the platform, senior justice department officials said in a briefing.

"The goal of this law is to ensure that young people, old people and everyone in between is able to use the platform in a safe manner," a senior justice department official said.

"And to use it in a way confident that their data is not ultimately going back to the Chinese government and what they're watching is not being directed by or censored by the Chinese government."

The response argues that the law's focus on foreign ownership of TikTok takes it out of the realm of the First Amendment.

US intelligence agencies are concerned that China can "weaponize" mobile apps, justice department officials said.

"It's clear that the Chinese government has for years been pursuing large, structured datasets of Americans through all sorts of manner, including malicious cyber activity; including efforts to buy that data from data brokers and others, and including efforts to build sophisticated AI models that can utilize that data," a senior justice department official said.

TikTok has said the demanded divestiture is "simply not possible" -- and not on the timeline required.

The bill signed by President Joe Biden early this year set a mid-January 2025 deadline for TikTok to find a non-Chinese buyer or face a US ban.

The White House can extend the deadline by 90 days.

"For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide," said the suit by TikTok and ByteDance.

- TikTok shutdown? -

ByteDance has said it has no plans to sell TikTok, leaving the lawsuit, which will likely go to the US Supreme Court, as its only option to avoid a ban.

"There is no question: the Act will force a shutdown of TikTok by January 19, 2025," the lawsuit said, "silencing (those) who use the platform to communicate in ways that cannot be replicated elsewhere."

TikTok first found itself in the crosshairs of former president Donald Trump's administration, which tried unsuccessfully to ban it.

That effort got bogged down in the courts when a federal judge temporarily blocked Trump's attempt, saying the reasons for banning the app were likely overstated and that free speech rights were in jeopardy.

The new effort signed by Biden was designed to overcome the same legal headaches, and some experts believe the US Supreme Court could be open to allowing national security considerations to outweigh free speech protection.

"We view the statute as a game changer from the arguments that were in play back in 2020," a senior justice department official said.

There are serious doubts that any buyer could emerge to purchase TikTok even if ByteDance would agree to the request.

Big tech's usual suspects, such as Facebook parent Meta or YouTube's Google, will likely be barred from snapping up TikTok over antitrust concerns, and others could not afford one of the world's most successful apps used by about 170 million people in the United States alone.