The New Legal Framework and Approach of the EU regarding e-Commerce and Online Platforms: The P2B, DSA and DMA

Date: 7 September 2021, Tuesday

Time: 17.00-18.15

Zoom and invite only event

On 15 December 2020, the European Commission published the Digital Services Act (DSA) and the Digital Markets Act (DMA). These new rules will impact the legal framework for all digital services, including social media, online marketplaces, and other online platforms. The DSA updates the obligations of digital service providers, which are currently based on the European Union’s 20-year old e-commerce directive. In general, the DSA clarifies the liability regime for digital intermediaries and reinforces the oversight and enforcement of the rules. The DSA sets out due diligence obligations for a transparent and safe online environment, such as new rules on traceability of business users in online marketplaces. The DSA lays down additional obligations for very large online platforms to manage systemic risks. As the second part of the Commission’s digital platforms package, the DMA builds upon Regulation 2019/1150 (P2B Regulation) and aims to restrain the power of large digital platforms that serve as an important gateway for business users to reach their customers (gatekeepers). The DMA includes rules defining and prohibiting unfair practices by gatekeepers and gives the Commission market investigation powers aimed to address structural problems. The DMA, contrary to the DSA, applies only to gatekeepers. The proposal contains a “do’s and don’ts” list for gatekeepers. In particular, the DMA prohibits a number of practices, which are considered unfair.

Our Guest Speaker Werner Stengg (Cabinet Member – Executive Vice president Margrethe Vestager at European Commission) will deliver a speech on “The New Legal Framework and Approach of the EU regarding e-Commerce and Online Platforms: The P2B, DSA and DMA”. His speech will address interplay between those regulations, explain underlying architecture, logic of those regulations and overarching themes.