The European Commission adopts proposals for the Digital Services Act and Digital Markets Act
On December 15 the European Commission published its proposals for a Regulation on a Single Market for Digital Services (DSA) and a Regulation on Digital Markets Act (DMA).
The DSA lays down rules for the provision of the intermediary services, including hosting services and online platform services. In essence the DSA designs a framework for timely identification and removal of illegal contents, while defining the limits and conditions concerning the liability of the providers of intermediary services. Specific rules include requirements for transparent reporting, obligation to provide information to users, rules for the complaint and redress mechanisms, and other obligations.
The DMA formulates a number of quantitative criteria for identifying the gatekeeper platforms and lists a number of obligations that such gatekeeper platforms are expected to comply with. The gatekeeper platforms are those that have significant impact on the internal market; operate a core platform service which serves as an important gateway for business users to reach end users; and enjoy an entrenched and durable position in their operations. Specific obligations are aimed to alleviate the power imbalances between the gatekeeper platforms and their business users, ensure level playing field and healthy competition within the internal market.
Both the expert group and the support study team provided evidence to support Commission’s work on the DSA and DMA package.