Ref. Ares(2021)2995034 - 05/05/2021
out of scope
out of scope
out of scope
4) out of scope
5) Regulation of targeted advertising
BEUC asked for COM views on the further regulation of targeted advertising in light of current
discussions at the EP, EDPS and among stakeholders who are calling for the ban or phasing out of
targeted advertising. COM noted that discussions are ongoing in the context of the DSA/DMA and we
therefore have to reserve our opinion on the matter. However, at least some of the concerns related to
targeted advertising will be addressed in the UCPD Guidance, albeit limited to the interpretation of
existing EU consumer law. BEUC is in favour of further legislative interventions to address these
problems, lamenting the limited provisions in the DSA/DMA and the limited effects of non-binding
interpretations in a guidance. BEUC would prefer not to wait several years to address these concerns.
6) DSA enforcement architecture
BEUC enquired about the DSA’s enforcement architecture and in particular its interplay with the CPC
system for the public enforcement of consumer law.
COM explained that the DSA as proposed by COM provides for an enforcement architecture that is
distinct and separate from that under the CPC Regulation, with no direct interfaces between the two
enforcement systems established at EU level. This follows from the fact that the DSA proposal does not
provide that (some of) its provisions be added to the annex to the CPC Regulation. As a consequence,
CPC authorities will not be able to enforce DSA provisions under the CPC Regulation, even in cases
where the enforcement of platform obligations under the DSA has an enabling function for enforcing
consumer law [NB: e.g. the obligation for non-EU platforms to designate a legal representative (Art. 11
DSA proposal) or the KYBC principle (Art. 22 DSA proposal)]. While no direct interfaces between the two
enforcement systems are designed at EU level, the DSA preserves a (limited) possibility for Member
States to mesh the two systems at national level: Member States may designate CPC authorities as
enforcement authorities under the DSA (cp. recital 75 to the DSA proposal) and provide for regular
exchanges between CPC authorities and Digital Services Coordinators (cp. Art. 38[2], 2nd subpara. DSA
proposal).
COM highlighted that while the DSA’s provisions cannot be enforced under the CPC system, they are
open to enforcement also under the representative action mechanism established by RAD (Art. 72 DSA
proposal).
European Commission
DG Justice and Consumers
JUST E2 – Consumer and Marketing Law
B-1049 Brussels/Belgium
Tel.: +32 2 29
Fax.: +32 2 29
@ec.europa.eu
"
The views expressed are purely those of the writer and may not in any circumstances be
regarded as stating a formal position of DG JUST or the European Commission".
