On September 6, 2023, the European Commission announced that Google has been designated as a
gatekeeper under the Digital Markets Act (DMA). From March 2024, Google made available to
qualifying recipients the relevant search dataset including appropriately anonymized data in order
to comply with Art. 6(11) DMA. On July 16, 2026, the European Commission adopted
measures
further specifying how Google should comply with its obligations under Art. 6(11) DMA (the
Measures), by making available to qualifying recipients a specified search dataset (the
Search Dataset).
- The European Commission’s Measures and associated criteria and requirements for accessing
the Search Dataset: The Measures cover recipient eligibility, the scope of the data that
should be made available, the frequency with which Google should make the data available, the
fair, reasonable and non-discriminatory (FRAND) terms for access to such data, and the
specific purposes for which the data can be used. Since recipients will receive personal data
under the Measures, they also establish the associated liability for the receipt of such data
and specify detailed technical and organizational requirements regarding data segregation,
access control, and logging, all of which are subject to third-party auditing and reporting.
Access to the data is also subject to recipients accepting Google’s licensing terms. For more
details, see the
Measures. - The Search Dataset: Comprises ranking, query, click, and view data from Google Search in
the European Economic Area (EEA). More details can be found in the
Measures
and technical details will be provided to relevant applicants in due course in accordance with
the Measures. - FRAND pricing basis and process: Fees are determined on FRAND terms, which the Measures
limit to the incremental costs of making the data available, together with a specified rate of
return. Further details are set out in the
Measures
and will be provided to relevant applicants in due course in accordance with the Measures.
Eligibility criteria to receive search data
To qualify in principle for a license, interested applicants must meet the following conditions
specified in the Measures:
- Online search engine (OSE): The applicant must qualify as a provider of an online
search engine as defined in Art. 2(6) DMA. - Operating in the
EEA:
The applicant must operate within the EEA, meaning that their online search engine must be
directed at users located in the EEA. - Control by non-EEA states: The applicant must not be directly or indirectly subject
to the control of a non-EEA state that poses a serious and structural cyber security and/or
data protection risk. - No connection to an entity subject to restrictive measures or sanctions: The applicant
must not be directly or indirectly under the operation or control of any natural or legal person
subject to restrictive measures or sanctions under European Union (EU) law. - Number of users and activity in the EU: The applicant must (i) either have provided OSE
services in the EU for at least the last two consecutive years at the time of applying, or have
been founded less than two years before applying but received more than EUR 50 million in
capital investments; and (ii) have had at least 50,000 monthly average users of its OSE services
in the EU in the past year.
Google may ask you to provide supporting documents to verify that you meet the above requirements.
Access to data samples before application
Before purchasing access to the Search Dataset, eligible applicants may request access to data
samples, as follows:
- Sample A: A 1,000-row dataset provided free of charge.
- Sample B: A synthetic dataset of up to 10 million queries for a fee.
- Sample C: A 5% sample of the Search Dataset for a fee.
More details on the data samples can be found at paragraphs 101–114 of the
Measures
and will be provided in due course. The data samples will be available as of November 16, 2026.
Technical and organizational requirements and third-party audits
While the Measures require Google to apply a set of technical measures to the search data
before sharing, the data that will be provided will still contain personal data and the Measures
rely on the recipients’ internal data segregation so that individuals won’t be re-identified. As such, the
Measures require a significant technical and organizational commitment to data separation, control,
and auditability. Among other things, this includes:
- As a mandatory pre-requisite for access to Sample C and the Search Dataset itself, eligible
applicants must undergo an independent assessment and provide a Level 1 reasonable assurance
report. This report must be issued by an independent third-party auditor, qualified to inspect the
applicant’s technical infrastructure, storage systems, and workflows to verify compliance with the
program’s advanced security and privacy standards. For more details on the specific criteria and
testing protocols required for the Level 1 reasonable assurance report, see paragraphs 69–72 and
82–86 of the
Measures. - To maintain ongoing access to the Search Dataset, eligible recipients must submit to regular,
continuous monitoring by an independent assurance practitioner and provide a Level 2 reasonable
assurance report. This subsequent report, complying with the requirements set out at paragraphs 73
and 82–86 of the
Measures,
is required to verify sustained and uninterrupted compliance with these operational safeguards.
Further specificity on the precise technical and auditability measures required will be available
in the data licensing agreement, which Google will provide to relevant applicants starting on
September 17, 2026. The licensing agreement will also establish the overall contractual
responsibilities recipients owe to Google and to third parties whose personal data they receive.
How to express interest in receiving the Search Dataset
If your organization meets the program’s eligibility criteria and is prepared to invest in
achieving the relevant technical, security, and auditability safeguards,
fill out this form
to request more information or to begin the application process. Google will respond to your
request within 7 calendar days of receiving your expression of interest, as set out in paragraph 125
of the Measures.
Comment nous l'appliquons
These are the questions we hear from clients most often, so we keep Google's official answers close. Where our practical experience adds nuance, we say so in the note below.
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