- Ref. Ares(2020)7033787 • 23/11/2020
Ref. Ares(2021)2995034 - 05/05/2021
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Subject:
Flash: Today's call with BEUC on DSA and I
Out of scope
Participants:
Out of scope
The call had been requested by BEUC to discuss the most recent developments on the DSA and I files.
BEUC welcomed the Digital section of the Consumer Agenda as addressing one of the key priorities for
consumers. The discussion focused on the following points:
DSA •
Online platforms: BEUC called for the DSA to establish a clear and reinforced responsibility and
liability framework for platforms, highlighting the following elements:
o
Size of platform: new responsibility and liability framework to apply to all platforms
irrespective of their size.
o
'Know-your-business-customer-principle': platforms not only to collect, but also to verify
information on their business customers; obligation to perform random compliance
checks on products and services offered on the platform.
o
Liability for online marketplaces: Online marketplaces should incur joint liability for the
transactions/products they intermediate in specific scenarios (no/misleading
information on supplier; dominant position on supplier; failure to de-list products
following notice). Close link between product safety and product liability and therefore
need for full coherence between a new liability regime in the DSA with the Market
Surveillance Regulation and the (revised) GPSD.
o
Online advertising: DSA should establish clear and reinforced transparency obligations
on advertising. In that context, BEUC mentioned the UK CMA's recent market study on
Online Platforms and Digital Advertising and enquired whether COM was ready to go
beyond transparency on advertising towards a choice architecture for consumers.
•
Regulation/self-regulation: BEUC concerned that COM's positive communication about
platforms' commitment in the COVID-19 CPC action might make it difficult to establish a clear
responsibility framework by regulation. Self-regulation is not sufficient, we need a clear
regulatory framework, too.
•
Enforcement architecture: E-commerce Directive does not have a performing enforcement
architecture. Needs to be established in the DSA to ensure more and effective enforcement.
•
JUST/E underlined the need for the DSA to define new and enhanced responsibilities and
reinforce the accountability of online platforms. Coherence between the DSA and the GPSD is
indeed important (general principles to be addressed in DSA, GPSD might establish more
specific rules on product safety). Regarding specific elements of the future DSA, JUST/E is
currently not in a position to comment, since we have not seen the proposal yet. The proposal
will however be adopted very shortly. Regarding on line advertising in particular, JUST /E
informed BEUC that this issue is addressed broadly in the CPC network, including through a
cooperation between CPC and data protection authorities, in particular on issue.s such as
targeted advertising.
I
Out of scope
Other issue
Out of scope
