The new EU rulebook for online platforms: How to get it right, who will it impact and what else is needed?

Eline Chivot

doi:10.1177/17816858211050159

Abstract

Online platforms are drivers of innovation, growth, employment, creativity and information exchange. But new advantages can also bring new risks, or further entrench existing issues. Europe’s current rules have enabled the birth and growth of these companies, and of the free and open Internet as we know it. But they have not been designed to anticipate the challenges brought about by the growth of the digital economy, such as the spread of disinformation, and they are not fully adapted to the nature of competition in the digital markets. As the heart of its ambitious digital agenda, the EU is proposing new regulatory frameworks to maintain and improve its competitiveness, innovation and growth. This approach aims to protect its market from the side effects of digital markets dominated by large non-EU tech companies which, in some respects, are shielded from the rules of the game that the EU wants to set. It also aims to protect citizens and democracy. This is clearly a time to act, and a time to reform. It is also a time to strengthen its position: the EU has other battles and priorities that it must face along the way.

Highlights

The global coronavirus (COVID-19) pandemic has brought to light the ways in which society and the economy increasingly depend on the digital economy
COVID-19 has demonstrated the value of online platforms for consumers, and platforms will play a key role in supporting the EU’s green and digital transition
The Digital Services Act (DSA) and the Digital Markets Act (DMA) have been drafted for the benefit of both companies and individuals, but they should be drafted with them, and factor in the impact they are bound to have on them

Summary

Introduction

The global coronavirus (COVID-19) pandemic has brought to light the ways in which society and the economy increasingly depend on the digital economy. The DMA aims to set specialised competition rules for large platform companies (called ‘gatekeepers’), target the disruptions to and lack of competition in the digital markets, and curb the power of these platforms by establishing a set of obligations and prohibitions to prevent them from imposing unfair conditions on the market (Madiega 2021a; Madiega 2021b; Anderson and Mariniello 2021; Broadbent 2020; Blankertz and Jaursch 2021; One Policy Place 2021) These proposals can ensure that the EU sets the standards for fair access and competition for all companies, including its small and medium-sized enterprises (SMEs). It is worth mentioning that automated filters remain quite rudimentary, and many are prone to errors (De Streel et al 2020)

What does this mean for citizens?

Conclusion

Findings

Author biography