The European Commission (EC) has launched two formal specification proceedings aimed at ensuring Google adheres to its obligations under the Digital Markets Act (DMA).

These proceedings are a part of the EC’s regulatory dialogue with Google to address specific compliance issues related to the Android operating system and its online search data sharing practices.

According to the Commission, the first proceeding focuses on Google’s responsibility under Article 6(7) of the Digital Markets Act. Under the act, Google is obliged to provide third-party developers with free and effective interoperability with hardware and software features controlled by its Android operating system.

The emphasis is on features used by Google’s proprietary AI services, such as Gemini. The Commission intends to detail how Google should grant third-party AI service providers equivalent access to these features, ensuring a level playing field for innovation and competition in the rapidly evolving AI landscape on smart mobile devices.

The second proceeding relates to Google’s obligation under Article 6(11) of the DMA to allow third-party online search engine providers access to anonymised ranking, query, click, and view data held by Google Search. This access must be provided on fair, reasonable, and non-discriminatory (FRAND) terms.

The proceedings will examine the extent of data sharing, the methods of anonymisation used by Google, the conditions under which data access is granted, and the eligibility of AI chatbot providers to use this data.

Effective compliance will enable alternative search engines to optimise their services and offer genuine competition to Google Search, said the EC.

EC Clean, Just and Competitive Transition Executive Vice-President Teresa Ribera said: “Artificial Intelligence tools are transforming the way we seek and receive online information on our smartphones and even how we interact with our devices. This creates new opportunities.

“We want to maximise the potential and the benefits of this profound technological shift by making sure the playing field is open and fair, not tilted in favour of the largest few. With today’s proceedings we want to help Google by explaining in more detail how it should comply with its interoperability and online search data sharing obligations under the Digital Markets Act.”

As outlined by the Commission, these proceedings are expected to conclude within six months. Within three months, preliminary findings will be communicated to Google, specifying draft measures for compliance with the Digital Markets Act.

The Commission intends to publish non-confidential summaries of these findings and proposed measures, inviting feedback from interested third parties. While these proceedings do not determine Google’s compliance with the Digital Markets Act, they indicate the Commission’s preparedness to enforce regulations if required.

The Digital Markets Act is designed to ensure fair competition in the digital sector by regulating gatekeepers, which are large digital platforms that act as key intermediaries between business users and consumers and may create bottlenecks in the digital economy.

In September 2023, Google’s core platform services, including Google Search, Google Play, and others, were designated under the Digital Markets Act following a review process involving other major tech companies.

Since March 2024, gatekeepers have been required to fully comply with all applicable Digital Markets Act obligations. Companies like Google have been testing compliance measures and reporting them for assessment by the Commission.

Feedback from stakeholders and results from compliance workshops will inform the Commission’s evaluation of whether these measures satisfy DMA objectives.

In cases where non-compliance is suspected, the Commission is empowered to impose fines up to 10% of a company’s global turnover or up to 20% for repeated violations. Systematic non-compliance may result in additional remedies such as compelling a gatekeeper to divest parts of its business or restricting acquisitions.

In a separate legal matter, Google recently agreed to a $68m settlement over claims that its voice-activated assistant improperly recorded conversations without user consent, allegedly using this data for targeted advertising. This class action settlement awaits approval by a US District Judge in California, according to a report in Reuters.

The case underscores ongoing privacy concerns regarding digital assistants like Google Assistant, which responds to activation phrases but allegedly misinterpreted speech leading to unintended data collection.

This settlement follows a similar resolution reached by Apple in December 2024 over privacy issues with its Siri assistant. Although denying any misconduct, Google settled to avoid litigation costs and uncertainties related to these privacy allegations.