EU Commission launches new package to regulate online content

On 2 June 2020 the Commission launched two public consultations on the Digital Services Act package. The DSA package, which is currently set to be adopted in the last quarter of 2020, aims to update the legal framework for digital services (which has remained largely unchanged since the e-Commerce Directive was adopted in 2000).

The consultations

The consultations request views, evidence and data from stakeholders and interested parties in relation to the two key pillars of the DSA package:

• The first consultation addresses the DSA pillar relating to deepening
  the internal market and defining the responsibilities for digital
  services. It does this by analysing how the DSA could modernise the
  e-Commerce Directive, focusing on six key areas such as online
  advertising and smart contracts and governance and enforcement. For
  more information on this consultation, please refer to our Insights
  article.

• The second consultation deals with the competition aspect of the DSA
  by evaluating whether ex-ante rules can be used to create a fair
  trading environment and to ensure that online platforms are
  accessible and contestable to small players and market entrants.
  Among other things, this consultation seeks comments on the perceived
  issues relating to large online gatekeeper platforms and potential
  solutions for addressing such issues.

Note that, alongside the second consultation listed above, the Commission has also launched a public consultation on a proposal for a new competition tool that aims to address structural competition issues in markets.

Next steps

The Commission has called for comments on the inception impact assessments relating to the 3 consultations listed above by 30 June 2020. Comments on the consultation must be submitted by 8 September 2020.

Please let us know if you are interested in responding to these inception impact assessments or consultations or would like further information on what this means for your business.