Dive Brief:
- Google will need to grant third-party data access across its AI features and search engine in order to comply with the European Union’s Digital Markets Act, the European Commission said Monday. The commission functions as the executive arm responsible for enforcing EU laws.
- Third-party AI service providers will need “equally effective” access to the same data as Google’s own AI services, including models such as Gemini. Google will also need to allow third-party search engine providers access to certain data points held by Google Search and improve interoperability with hardware and software features under its Android operating system, according to the commission.
- The commission’s proceedings are not the result of infringement and will not result in fines, according to Google. “Android is open by design, and we’re already licensing search data to competitors under the DMA,” Clare Kelly, senior competition counsel at Google, said in a statement.
Dive Insight:
Google is under pressure in both the EU and the U.S. to share data with competitors amid a heated battle over AI dominance. While the company maintains that enabling greater data access like the DMA requires could create privacy risks, regulators argue it will improve business competition.
“We are concerned that further rules, which are often driven by competitor grievances rather than the interest of consumers, will compromise user privacy, security and innovation,” Kelly said.
The DMA, which entered into force in 2022, targets large online platforms, aiming to open up digital markets by requiring companies like Google, Apple, Amazon, Meta and Microsoft to share data and become more interoperable.
AI in particular is “transforming the way we seek and receive online information,” Teresa Ribera, EVP for clean, just and competitive transition for the Commission, said in the Tuesday announcement.
“We want to maximize the potential and the benefits of this profound technological shift by making sure the playing field is open and fair, not tilted in favor of the largest few,” Ribera said.
U.S. officials are also concerned about Google’s hold over data.
A U.S. judge in 2024 found Google guilty of maintaining an illegal monopoly over online search in a case filed by the U.S. Department of Justice during President Donald Trump’s first administration, ordering the company to share data with rivals and limit exclusive contracts to enable greater competition.
On Jan. 16, Google filed a notice to appeal the decision and asked the court to pause its data sharing order.
“These mandates would risk Americans’ privacy and discourage competitors from building their own products — ultimately stifling the innovation that keeps the U.S. at the forefront of global technology,” Lee-Anne Mulholland, Google’s VP of regulatory affairs, wrote in a blog post.
The regulatory climate has shifted in the U.S. under Trump’s second administration, during which he launched the Department of Government Efficiency to hamper federal agencies’ enforcement power and roll back regulations.
Trump also launched projects including Stargate and the Genesis Mission to build out AI infrastructure in the U.S. and create a national AI platform — which includes collaboration agreements with tech companies including Google, AWS, Microsoft and OpenAI.