The Commission launched a high-level consultation on a Digital Services Act package. The consultation invites views and evidence from a variety of stakeholders on consumer safety, freedom of expression, fairness and competition in the digital economy.
The Commission states that the Digital Services Act will:
- Establish clearer and more modern rules concerning the obligations of online intermediaries, including non-EU companies operating in the EU.
- Implement a more effective governance and enforcement system.
- Ensure a level playing field in the digital markets, noting that a lot of the market power currently remains in the hands of a few online platforms. This could include rules on self-preferencing and/or regulatory obligations for powerful platforms.
The consultation covers two work strands.
The first set of rules would relate to the fundamentals of the e-commerce directive, in particular the freedom to provide digital services across the EU single market in accordance with the rules of the place of establishment and a broad limitation of liability for content created by users. Building on these principles, we aim to establish clearer and modern rules concerning the role and obligations of online intermediaries, including non-EU ones active in the EU, as well as a more effective governance system to ensure that such rules are correctly enforced across the EU single Market while guaranteeing the respect of fundamental rights.
The second measure would address the issue of the level playing field in European digital markets, where currently a few large online platforms act as gatekeepers. We will explore rules to address these market imbalances, to ensure that consumers have the widest choice and that the EU single market for digital services remains competitive and open to innovation. This could be through additional general rules for all platforms of a certain scale, such as rules on self-preferencing, and/or through tailored regulatory obligations for specific gatekeepers, such as non-personal data access obligations, specific requirements regarding personal data portability, or interoperability requirements.
In addition, the Commission is also taking the opportunity to consult on other emerging issues related to online platforms, such as the opportunities and challenges that self-employed people face in providing services through online platforms.
The consultation closes on 8 September 2020 and the European Commission expects to publish its proposals for the Act at the end of 2020.