PROPOSALS FOR THE DIGITAL MARKETS ACT AND DIGITAL SERVICES ACT

BROADER CONSIDERATIONS IN CONTEXT OF ONLINE PLATFORMS

Abstract

Proposals for a Regulation on a Single Market For Digital Services (Digital Services Act) and Regulation on contestable and fair markets in the digital sector (Digital Markets Atc) of 15th of December, 2020 were long-avaited tools, through which, in the field of digital services, a higher degree of legal certainty for the consumer should be ensured and the functional responsibility regime of online platforms should be secured, in direct proportion. Submitted proposals preceded open public consultation of interested stakeholders, including the general public, academics, digital companies and other businesses, associations, civil society public authorities, and trade unions. The need to adopt adequate legislation in line with rapid technological development also stemmed from the fact that the E-commerce Directive was adopted in 2000 and has so far been considered as the main legal framework governing the issue of digital platforms, but it is also necessary to add that the regulation of online platforms has been mainly left to the Member States. As much of the activity has shifted to the online enviroment, digital platforms are playing an increasingly important role in our lives. The purpose of this paper is to analyze the relevant provisions of the proposal in the context of competition rules and also in view of the increased use of online platforms due to the global crisis. The content of the article will also contain a brief comparison with the current legal situation with reference to the practical implications that await us with the adoption of the new legislation.