36. Can users oblige data holders to share data with Digital Markets Act gatekeepers?

No. DMA gatekeepers, which are defined as undertakings that provide core platform services under the Digital Markets Act (DMA), typically have no difficulties in gaining access to large amounts of data. Data already tend to gravitate towards these large undertakings due to their gateway position, control over platform ecosystems and superior bargaining power. Requiring mandatory data sharing for IoT data with DMA gatekeepers would therefore be unfair to those who must comply, and unnecessary given the goals of the Data Act. DMA gatekeepers cannot therefore be third parties in the sense of the new IoT data access right established under the Data Act. This does not mean that DMA gatekeepers are entirely excluded from the IoT (data) market. DMA gatekeepers are prohibited from relying on the specific mandatory data sharing mechanisms created by Articles 4 and 5 of the Data Act but all other mechanisms (including regarding voluntary data sharing arrangements) remain unaffected.