Consultation on the Digital Services Act

The Commission announced a Digital Services Act package, which is currently open for a public consultation. The Digital Services Act aims at targeting both online harms in the wider sense as well as the potential gatekeeper role of platforms. Further, it addresses the current liability regime of intermediaries as defined in the e-Commerce Directive. Thus it will be an important cornerstone of future internet regulation and define some basic rules currently tackled in the e-Commerce Directive.

Please let us know your views on how and if platforms should be regulated in the future! The voice of SMEs counts in this debate as we need to make sure that they will not dis-proportionally suffer from additional regulatory burden, but that problems related to the role of platforms in terms of dominance and harmful content will be addressed.

Consultation on the Digital Services Act Package

1. Liability and online harms

2. Gatekeeper role of platforms

a. Data sharing

b. Issues derived from the gatekeeper power of digital platforms

To what extent do you agree with the following statements?
[Under each question, add: - Fully agree, - Somewhat agree, - Neither agree not disagree - Somewhat disagree; - Fully disagree; - I don't know/ No reply]

Do you believe that the integration of any or all of the following activities within a single company can strengthen the gatekeeper role of large online platform companies (‘conglomerate effect’)?

c. The role of large online platforms

Taking into consideration the parallel consultation on a proposal for a New Competition Tool focusing on addressing structural competition problems that prevent markets from functioning properly and tilt the level playing field in favour of only a few market players. Please rate the suitability of each option below to address market issues arising in online platforms ecosystems. Please rate the policy options below from 1 (not effective) to 5 (most effective).

Current competition rules are enough to address issues raised in digital markets
There is a need for an additional regulatory framework imposing obligations and prohibitions that are generally applicable to all large online platforms with gatekeeper power
There is a need for an additional regulatory framework allowing for the possibility to impose tailored remedies on individual large online platforms with gatekeeper power, on a case-by-case basis
There is a need for a New Competition Tool allowing to address structural risks and lack of competition in (digital) markets on a case-by-case basis
There is a need for combination of two or more of the options 2 to 4.

3. Single Market for digital services

To what extent are the following obligations a burden for your company in providing its digital services, when expanding to a/several EU Member State(s)? Please rate the following obligations from 1 (not at all burdensome) to 4 (very burdensome).

Final remarks

Specific questions