Digital Service Act and Digital Market Act (2020)

Digital Service Act and Digital Market Act (2020)

Online Platform Liability

Regulating illegal content on the internet

The EU Commission presented its plans for new digital laws on December 15th 2020. The current regulations for digital services and online platforms in the EU are 20 years old.

CEPIC participated in the EU public consultation in August/September.

 Here is the link in the contribution

The Digital Single Act and the Digital Market Act target large tech companies that reach more than 10% of the EU’s population

The first set of rules, known as the Digital Services Act, places greater responsibility on large platforms over illegal content/goods. Besides requirements remove “illegal” content more quickly, to audit/ monitor risk on companies’ platforms and to provide greater data access to outsiders, there are penalties are foreseen in case of violations based on the annual turnover of the companies.

The Digital Markets Act provides specific do’s and don’ts for “gatekeeper” companies, or dominant digital firms.

It will probably take several years before the new legislation comes into force – the new rules will come into force in 2023 at the earliest. There is a lot of lobbying to be had between now and then. The EU states and the European Parliament must first negotiate a common line.

The EU is not alone in establishing rules to monitor the larger tech platforms – the GAFAs –

The UK also announced new fines on platforms that do not protect people.

In the the US the FTC and the Doj have initiated lawsuits against Facebook & Google for abuse of their dominant position. Also, there are calls to overhaul the liability regime – just like in the EU but with 10 years of delay!

Whereas the goal is similar – monitor large digital platforms, legislations will defer in the scope and in the details, with some legitimate differences on digital policy and fundamental rights.

The Digital Services Act package | Shaping Europe’s digital future (