DMA Clause Samples
A DMA (Data Management Agreement) clause defines the terms and conditions under which data is collected, processed, stored, and shared between parties. Typically, this clause outlines the responsibilities of each party regarding data security, compliance with relevant data protection laws, and procedures for handling data breaches or requests for data access. By clearly allocating duties and setting standards for data management, the DMA clause helps ensure legal compliance and reduces the risk of data misuse or unauthorized disclosure.
DMA. The term “
DMA. The term "DMA" shall mean a Designated Market Area as defined by ▇.▇. ▇▇▇▇▇▇▇ Company from time to time.
DMA. Nothing herein shall prohibit Executive from (i) being a passive owner of not more than five percent (5%) of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation, or (ii) during the one year period following the termination of Executive's employment, owning, operating or investing in up to five (5) movie theatres, so long as each such theatre is outside of a 25-mile radius of the theatres being operated by the Company or any of its Subsidiaries or under consideration by the Company or any of its Subsidiaries for opening, in each case, as of the time of termination of Executive's employment. During the one-year period following the termination of Executive's employment for any reason, Executive shall provide reasonable notice to the Company of his plans for acquiring ownership in, commencing operations of, or investing in, any movie theatre prior to any such event. Notwithstanding the foregoing, Executive's obligations under this Section 4.2 shall terminate and become null and void if Executive terminates his employment with Good Reason.
DMA. “Designated Market Area,” as described in the Code of Federal Regulations at 47 C.F.R. § 76.55(e).
DMA. One of the criteria for such designation is similar to designating VLOPs and VLOSEs, regarding the number of active users being 45 million a year. However, the designation process in the DMA also includes the evaluation of further qualitative and quantitative criteria. For example, one quantitative criterion looks at whether the yearly turnover of the core platform service provider in the EU amounts 1041 The DSA refers to “intermediation service” providers (see GLOSSARY). See Id. recs. 7–15. 1042 The DSA builds on the landmark e-Commerce Directive of 2000 and primarily includes intermediation liability rules for online businesses. Nevertheless, the DSA gives particular importance to digital platforms (including search engines) due to their reach, and, therefore, imposes special obligations to them. See Digital Services Act, supra note 38, recs. 75-76. The DSA adopts the threshold of 45 million active monthly users. Further, DSA distinguishes Very Large Online Platforms (VLOP)s and Very Large Online Search Engines (VLOSEs). 1043 Digital Services Act, supra note 38, art. 33. 17 VLOPs: Alibaba AliExpress, Amazon Store, Apple AppStore, ▇▇▇▇▇▇▇.▇▇▇, Facebook, Google Maps, Google Play, Google Shopping, Instagram, LinkedIn, Pinterest, Snapchat, TikTok, Twitter, Wikipedia, YouTube, Zalando; 2 VLOSEs: Google Search, Microsoft Bing. See DSA: Very Large Online Platforms and Search Engines, EUROPEAN COMMISSION, ▇▇▇▇▇://▇▇.▇▇▇▇▇▇.▇▇/commission/presscorner/detail/en/IP_23_2413 (last visited Apr 28, 2023). 1044 Digital Services Act, supra note 2, art. 33. 1045 Digital Markets Act, supra note 14, art.2(2). 1046 Id. to at least €7,5 billion.1047 For designating gatekeepers, it is essential that such core platform providers hold a particularly “durable” and “entrenched” position. 1048 Designated gatekeepers and VLOPs/VLOSEs are overlapping concepts. In case core platform services that gatekeepers provide are “online platforms” and “online search engines”, they are also VLOPs/VLOSEs. However, VLOPs/VLOSEs are not always gatekeepers (e.g., Snapchat) because they do not meet further Article 3 DMA criteria.1049 The DMA addresses structural ▇▇▇▇▇ on the market stemming primarily from the “data power” of designated gatekeepers and promotes contestability and fairness in the EU single market.1050 The DSA and the DMA include several provisions that set boundaries for consumer manipulation via OBA. The EU legislator considered the complete ban on OBA when advertising relied on proce...
DMA. 1. Finance Management;
2. Behavioral Health, Clinical Policies and Programs;
3. Quality, Evaluation and Health Outcomes (QEHO)
4. Waiver Development ; and
DMA. Product Sub Category DMA Brokerage Min. commission Equity EUR 50bps EUR 15 USD 50bps USD 20 SCR 50bps SCR 250 AMC USD $30/mio traded n/a Redemptions 1% USD 100 Derivatives Equity US 0.04c USD 10 Equity UK 15bps GBP 15 Equity Index Variable n/a FX Variable n/a Commodity Variable n/a
DMA. The Data Act also interacts with the Digital Markets Act, for example by prohibiting the transfer of connected product data to undertakings designated as “gatekeepers” under the DMA.
DMA. If a platform meets certain thresholds relating to annual turnover (over 65 billion EUR in the last financial year), active users (over 45 million monthly active end-users and over 10000 61 DMA, recital 10. 62 DMA, recital 10. 63 European Commission 16 October 2003, COM-C/1-37415, Deutsche Telekom; General Court 10 April 2008, T-271/03, ECLI:EU:T:2008:101 (Deutsche Telekom/Commission); CJEU 14 October 2010, C-280/08P, ECLI:EU:2010:603 (Deutsche TelecomCommission);
DMA. Nothing herein shall prohibit Executive from being a passive owner of not more than five percent (5%) of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation. Notwithstanding the foregoing, Executive's obligations under this Section 4.2 shall terminate and become null and void upon the consummation of a Sale of the Company to any Person that directly or indirectly owns, operates or manages theatres with an aggregate of more than 50 movie screens, each of which movie screens is used for the primary purpose of exhibiting commercially distributed full-length motion pictures. For purposes hereof, "SALE OF THE COMPANY" means the sale of the Company to a Person or Persons pursuant to which such Person or Persons directly or indirectly acquire (i) capital stock of the Company possessing the voting power under normal circumstances to elect a majority of the Company's board of directors or entitling such Person to exercise more than fifty percent (50%) of the total voting power of the shares of capital stock of the Company or the surviving entity entitled to vote (whether by merger, consolidation or sale or transfer of the Company's capital stock) or (ii) all or substantially all of the Company's assets determined on a consolidated basis.