Business User
A business user is any person or company acting in a professional or commercial capacity who uses core platform services to provide goods or services to end users. This includes online sellers, app developers, content creators, advertisers, and other professionals who rely on digital platforms to reach customers. Under EU regulations like the Digital Markets Act, business users have specific rights and protections.
Legal Basis
"'business user' means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing goods or services to end users"
— Article 2(21), Regulation (EU) 2022/1925 (Digital Markets Act)
Why It Matters
Business users form the backbone of the digital economy, using platforms and search engines to reach consumers across the EU. The DMA recognizes that these professionals often face unequal bargaining power when dealing with large gatekeepers like app stores, marketplaces, social networks, and search engines.
The regulation grants business users specific protections to ensure fair treatment. For example, gatekeepers cannot unfairly preference their own services over those of business users, cannot restrict business users from offering different prices on other platforms, and must provide access to data generated through the business user's activities. These protections help level the playing field and preserve competition.
In the context of political advertising (TTPA Regulation 2024/900), business users may include agencies, consultancies, or professionals who help political actors prepare, place, or disseminate political advertisements. Understanding who qualifies as a business user helps determine which transparency and due diligence obligations apply.
Key Points
- Business users act in a commercial or professional capacity, distinguishing them from private individuals or end users
- They rely on core platform services—such as online marketplaces, app stores, social networks, search engines, and advertising platforms—to conduct their business
- The DMA provides business users with protections against unfair practices by gatekeepers, including self-preferencing, unfair terms, and data restrictions
- Business users have the right to offer different terms and prices on other channels without restriction from the gatekeeper
- Platforms must allow business users access to data they generate through their use of the service
- Under TTPA, business users providing political advertising services must comply with transparency and targeting rules when applicable
Business User vs. End User
The key distinction lies in purpose and context. A business user employs platform services to provide goods or services to others in a professional capacity, while an end user consumes or receives those goods, services, or content.
The same person can be both, depending on the situation. For example, a social media influencer acts as a business user when using a platform to promote products for payment, but as an end user when browsing content for personal entertainment.
| Aspect | Business User | End User |
|---|---|---|
| Purpose | Commercial or professional activity | Personal consumption or use |
| Role | Provides goods/services to others | Receives goods/services |
| Protections | DMA fairness rules, platform access rights | Consumer rights, data protection |
| Example | Online shop on a marketplace | Customer buying from that shop |