BEREC Opinion on Meta’s reference offers to facilitate Messenger and WhatsApp interoperability under Article 7 of the Digital Markets Act

On 6 September 2023, the European Commission (EC) designated Meta as gatekeeper in relation to, in particular, its number-independent interpersonal communication services (NI-ICS) WhatsApp and Messenger. Meta must comply with the interoperability obligation since 7 March 2024 for WhatsApp and since 6 September 2024 for Messenger.

According to Recital 64 of the DMA, the designated should publish “a reference offer laying down the technical details and general terms and conditions of interoperability” with its NI-ICS. The EC can consult BEREC “in order to determine whether the technical details and the general terms and conditions published in the reference offer that the gatekeeper intends to implement or has implemented ensures compliance with this obligation”.

The current BEREC opinion provides specific comments on Meta’s reference offers for Messenger and WhatsApp interoperability that follow the list of minimum criteria for the reference offer defined in BEREC report on the interoperability of NI-ICS, and builds on the two previous opinions that BEREC delivered on the proposed solutions for WhatsApp interoperability.