
Ref. Ares(2021)2373346 - 07/04/2021
From:
Sent: Monday, November 9, 2020 1:08 PM
To: CNECT DSA TEAM <xxxxxxxxxxxxxx@xx.xxxxxx.xx>
Subject: Flash report - webex discussion with Digital Europe 30.10.2020
Fyi and your records as wel .
Webex meeting with Digital Europe (with attendance of some of their members:
Canon, Amazon, Bitkom) on the DSA
Digital Europe general message:
- supports main principles of ECD
- is general y in favour of some of the new elements that might be introduced: know
your business customer (KYBC) obligation, trusted flaggers and a good Samaritan
clause.
Remarks/Q&A
Canon: KYBC obligations would be useful to reduce counterfeiting, il egal products
online, but any obligations should be proportionate and take into account the
diversity of types of platforms
COM explained KYBC one of the key elements to increase due diligence in particular
in marketplaces (but can be applied in other areas as wel ) and should indeed be
proportionate.
Trusted flaggers also an important element, to be approached differently in different
contexts/sectors. Platforms should have a policy in place on repeat infringers as wel ,
transparency on this is very important.
Bitkom: What does COM think the process in the Council wil yield in the coming
months? Bitkom hears conflicting signals. And how does the current work of the
Council impact the COM proposal?
COM explained al contributions, including from MS, feed into the COM work on the
proposal. Once the proposal is adopted, the formal co-legislation process will start.
Amazon: Are there going to be e-commerce specific rules in the DSA?
What criteria (number of users, the turnover?) wil be used for the asymmetry of
obligations? Also, what criteria for gatekeepers in the DMA?
COM explained the DSA is a horizontal instrument, as the ECD. Intention is not to
have too many sub-branches, as this should stil be a foundation law for digital
services, and not necessarily address al possible issues in the digital area, for which
other tools may be more suitable.
As regards criteria, COM explained they are being worked on very carefully on,
aiming to be straightforward, avoid complex assessment and uncertainties. The new
obligations should not overburden smal players. On the DMA, gatekeeper criteria is
stil subject to internal discussions, but in general working only with qualitative
elements would be too simplistic.