June 17, 2026, 14:11 GMT | Insight
The largest digital platforms face an expanding rulebook in the EU as new legislative proposals impose additional duties or bans on companies designated as "gatekeepers" under the Digital Markets Act,
Booking.com's top lawyer has warned. She called on the
European Commission to ensure greater consistency in how the bloc's tech rules are enforced and more transparency about enforcement.
Booking.com's top lawyer has warned against "gatekeeper creep" in the EU where new legislation piles additional duties on big tech platforms already regulated by the Digital Markets Act.
Maria Rocha Barros told a conference* on Wednesday that one of Booking.com's main frustrations is the unintended consequences that can arise when “some regulations try to borrow that [gatekeeper] definition to other regulations that have a completely different intent and purpose."
The EU's DMA imposes a series of bans and duties — such as interoperability or neutrality — on the largest online platforms, known under the law as digital "gatekeepers" and supervised directly by the European Commission.
According to Rocha Barros, Booking.com’s chief legal officer, the DMA was designed to address specific competition concerns associated with large digital platforms and should not automatically become a benchmark for other regulatory frameworks.
Rocha Barros cited financial-services regulation as an example.
She appeared to have in mind a draft law on access to financial data, which foresees excluding gatekeepers from benefiting (see
here). She may also be thinking of the EU’s Data Act, which says "gatekeepers" cannot benefit from rules designed to free up consumer data and reinforce competition online (see
here).
She also noted that Booking.com is significantly smaller than some of the other companies designated as gatekeepers, risking creating disproportionate obligations.
— Fragmented enforcement —
Rocha Barros also called on the commission to ensure greater consistency in how the bloc's tech rules are enforced and more transparency about enforcement.
She said Booking.com had a “history” of fragmented enforcement in Europe, a nod to the intense national and European scrutiny the company has attracted under competition laws and most recently the DMA.
“Regulators should prioritize consistent enforcement of existing rules” rather than rushing to introduce new ones, she said. “Let the dust settle a bit, because that’s important for the legal interpretation to evolve."
She also called on regulators to be more transparent about their enforcement decisions, sharing best practices and the outcome of negotiations with other companies.
“Do more enforcement of what exists and be as transparent as possible about that enforcement,” she said. “Many times those conversations are with different companies, but we miss the full picture.”
*European Competition Forum Midsummer Meeting, Brussels, June 16-18, 2026.Please email editors@mlex.com to contact the editorial staff regarding this story or to submit the names of lawyers and advisers.
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