EU puts Google’s AI and search data under DMA spotlight
The Shift from Regulatory Theory to Execution The European Union has moved definitively into the execution phase of its landmark Digital Markets Act (DMA), signaling that theoretical compliance is no longer sufficient for designated “gatekeepers.” The European Commission recently launched two formal “specification proceedings” targeting Google. These proceedings are designed not merely to audit compliance, but to formally define the technical and operational mandates Google must implement to ensure fair competition in two critical areas: mobile artificial intelligence (AI) integration and the sharing of proprietary search data. This strategic escalation by the European Commission underscores a commitment to reshape the digital landscape. By focusing the DMA’s power on Google’s dominant platforms—Android and Google Search—regulators aim to limit the enormous competitive advantages the tech giant extracts from its own ecosystem. For digital publishers, competing search engines, and the vast SEO community, these developments could herald a fundamental realignment of platform reliance and data availability. Decoding the Formal Specification Proceedings When the Digital Markets Act came into force, it laid out broad obligations for companies designated as gatekeepers—firms that control essential core platform services and wield significant market power. Google, recognized as a gatekeeper for services including Search, Android, Chrome, YouTube, Maps, Shopping, and online advertising, has been required to comply with these obligations since March 2024. However, many DMA requirements are framed broadly. For instance, the DMA mandates that gatekeepers must ensure rival services can interoperate effectively. Defining what “effective interoperability” means for a complex, closed operating system like Android, or how confidential search data can be shared in an “anonymised” and “non-discriminatory” way, requires precise regulatory guidance. This is where the formal specification proceedings come into play. What is a Specification Proceeding? A specification proceeding is the regulatory tool the European Commission uses to translate general DMA requirements into structured, technical, and enforceable mandates. Instead of waiting for potential infringements, the Commission proactively defines the exact terms of compliance. These structured dialogues force the gatekeeper (in this case, Google) to clearly demonstrate how they plan to achieve compliance, under the direct scrutiny of the EU regulators. It transforms ongoing regulatory dialogue into a time-bound, defined process with specific outcomes that must be adhered to, ensuring that the spirit of the DMA is met, not just the letter. The Six-Month Timeline for Compliance The Commission has established a rapid timeline for these proceedings, reflecting the urgency of addressing competitive imbalances in fast-moving sectors like AI. Within three months of opening the formal process, the Commission is set to send Google its preliminary findings and proposed measures. This early intervention allows regulators to test Google’s initial proposals and provide feedback swiftly. The full proceedings are slated to conclude within six months. Upon conclusion, non-confidential summaries of the findings and the mandated technical requirements will be published. This publication allows third parties—including competing search engines, AI developers, and industry stakeholders—to weigh in on the effectiveness and fairness of the compliance measures, adding a layer of public oversight to the enforcement process. Focus Area 1: Unlocking Android for AI Interoperability The first specification proceeding centers squarely on the future of mobile AI and the deep integration capabilities within the Android ecosystem. Regulators are examining how Google must grant third-party developers free and effective access to the crucial Android hardware and software features currently utilized by Google’s own first-party AI services, such as Gemini. The Challenge of Deep Integration AI assistants require deep integration to function seamlessly across a mobile device. They need access to notification controls, sensitive microphone and camera APIs, biometric data, and core system settings to provide contextually relevant and instantaneous responses. Historically, Google’s first-party tools have enjoyed a privileged status, often bypassing the standard sandbox restrictions placed on third-party apps. The goal of this EU mandate is radical parity. The Commission aims to ensure that rival AI providers can integrate just as deeply into Android devices as Google’s proprietary services. This addresses the significant competitive barrier Google holds by controlling both the operating system (Android) and the dominant mobile AI assistant (Gemini). If successful, users should theoretically be able to swap out Gemini for a competing AI assistant—say, one powered by a European startup—and experience the same level of functionality and system access. Impact on Third-Party AI Developers For independent software vendors (ISVs) and rival AI labs, the stakes are enormous. If the Commission successfully mandates open, non-discriminatory access to core Android features, it could fundamentally accelerate competition in the nascent mobile AI market. Developers would no longer be hampered by system limitations that prevent their AI tools from becoming the true “default” assistant on Android phones. This specification proceeding signals clearly that AI services, particularly those tied directly to platform control over device features and user data, are now squarely within the scope of DMA enforcement. The EU is taking preventative measures to ensure that platform control does not tilt these rapidly evolving markets before competitors have a legitimate chance to scale and innovate. Focus Area 2: Mandated Search Data Sharing Perhaps the most disruptive aspect for the core search industry and SEO professionals is the second specification proceeding, which addresses how Google must share critical, anonymized search data with competing search engines. Google Search is the world’s most dominant search engine, and its competitive advantage rests largely on the massive volumes of proprietary user interaction data it collects daily. This dataset informs everything from ranking algorithms to new feature development. The DMA seeks to reduce this asymmetry by mandating data sharing under “fair, reasonable, and non-discriminatory” (FRAND) terms. The Specific Data Points Under Scrutiny The mandate requires Google to share several highly valuable categories of data: 1. **Search Ranking Data:** Information pertaining to the results that appear for specific queries and their relative positions. 2. **Query Data:** The raw, anonymized text of search queries entered by users. 3. **Click Data:** Records indicating which results users ultimately clicked on. 4. **View Data:** Information related to how many users viewed a specific result page. Access to this kind of behavioral