The Commission Consultation On The EU Digital Services Act

On the 2 June 2020, the Commission launched a public consultation to identify issues that may require intervention through the Digital Services Act, as well as additional topics related to the environment of digital services and online platforms. You may access the consultation through this link and the deadline for responses is the 8 September 2020. The consultation is split in 6 modules with various subsections, about keeping users safe online, issues relating to the gatekeeper of digital platforms, governance and other matters affecting users and businesses online.

The consultation is part of the Digital Services Act package launched by the Commission which aims at (i) proposing new and revised rules to deepen the single market for digital services and (ii) having ex ante rules to ensure that markets remain fair and contestable for stakeholders. The legislative framework for digital services has remained unchanged since the adoption of the E-Commerce Directive 20 years ago and needs to be updated in view of increasing use of digital means across all sectors of the economy. The Commission also highlighted that many online businesses struggle with large digital platforms (the gatekeepers) through which they connect to their consumers, and as such require a modern legal framework to allow innovative digital businesses to grow, while respecting the basic principles underpinning the current legal framework of the e-Commerce Directive.

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