European Commission designates AWS and Azure as access gatekeepers under the DMA

On June 25, 2026, the European Commission published its preliminary decision that Amazon Web Services (AWS) and Microsoft Azure must be considered access gatekeepers under the Digital Markets Act (DMA). The notification was sent to both companies, although the final designation is still pending formal approval. This measure follows the same procedure used for major consumer actors like Google or Meta, but is now applied to the cloud sector.

The decision is based on qualitative criteria: although AWS and Azure do not reach the usual quantitative thresholds of end users, their dominant position as critical infrastructures of the EU justifies the designation. The Commission has indicated that both services “control a large part of the European market” and that their artificial intelligence offerings are a decisive factor in enterprise client contracting.

This notification marks the first case where the DMA extends to infrastructure providers, expanding its scope beyond consumer platforms. The measure aligns with other recent regulatory efforts, such as the AI Regulation and the EU's technological sovereignty strategy.

The Digital Markets Act defines access gatekeepers as platforms that meet certain size and dominant position criteria, with the power to control critical flows of data or services between end users and providers. In practice, these actors are expected to comply with specific obligations to avoid anti-competitive practices.

For AWS and Azure, the main obligations include: interoperability (allowing clients to move workloads without technical barriers), data portability (facilitating the export and import of information) and no self-preferencing (avoiding favoring their own services over those of third parties). In addition, they are required to be transparent in contractual conditions and subject to audit by competent authorities.

These obligations are designed to reduce the risk of client lock-in and foster a more competitive ecosystem. The Commission has established that, if the designation is confirmed, AWS and Azure will have six months to adapt their services to the DMA requirements, with possible fines of up to 10% of global sales in case of non-compliance.

Interoperability: Cloud contracts must include clauses that allow clients to migrate resources between providers without artificial contractual restrictions. This implies the adoption of open standards and compatible APIs, reducing the risk of exclusive dependence.

Data portability: The possibility of exporting data in standard formats and with minimal latency is required. For companies that rely on AI services, this facilitates the transition to alternative solutions without losing critical information.

No self-preferencing: AWS and Azure will not be able to prioritize their own services (for example, databases or analytics tools) over those of third parties in corporate contracts. This measure seeks to balance the negotiating power against enterprise clients who usually integrate multiple providers.

The designation can reconfigure the way European companies manage their cloud infrastructures, reducing switching costs and encouraging provider diversification.

For critical service providers (CTPP) and the financial sector, the measure aligns with the DORA Regulation, reinforcing digital operational resilience. Interoperability and portability are key pillars to meet the resilience testing and incident management requirements of DORA.

However, the transition also involves technical challenges: the adaptation of existing contracts, the update of APIs and the training of internal teams in new migration practices. Companies will need to plan a cloud-agnostic strategy to make the most of the new obligations.

The designation of AWS and Azure takes place within the framework of a Technological Sovereignty Package presented by the Commission in June 2026, which includes the Chips Regulation 2.0 and the Cloud and AI Development Act.

In addition, the DMA is complemented by AI regulations, where the EU seeks to regulate generative models and their integration into critical infrastructures. The convergence of these regulations aims to create a more autonomous and competitive European digital ecosystem.

For companies, this means that they will have to monitor not only the DMA but also the development of AI and DORA standards, as they all share common objectives: avoiding monopolistic practices, protecting data and guaranteeing operational resilience.