EU Legislative Involvement in Platform Regulation by Arin Akin

1. 1. EP and Council Directive 2000/31 (e-Commerce Directive)

1.1. Scope: Art. 1(1) jo. 3(1) Information society services established within the EU

1.2. Aim: Art. 1(1) Removing obstacles to cross-border online services in the Internal Market

1.3. Relevant provisions, e.g. Art. 5-11 Basic requirements for online services, including commercial communications, electronic contracts and information obligations towards consumers

2. 3. EP and Council Regulation 2019/1150 (Platform to Business Regulation)

2.1. Scope: Art. 1(2) Online intermediation services/search engines ("platforms") which are provided to business/corporate website users ("businesses") operating within the EU

2.2. Aim: Art. 1(1) jo. Recital 8 Promoting fairness, transparency and effective redress possibilities

2.3. Relevant provisions, e.g.: Art. 3: Conditions for platforms' terms and conditions for businesses Art. 4: Platforms providing stated reasons for restricted/suspended services, and 30-day grace period for terminated services Art. 5: Transparent ranking of businesses by platforms Art. 7: Transparent differentiated treatment of certain businesses by platforms

3. 4. Commission Proposal on the Digital Services Act package amending the e-Commerce Directive (2020)

3.1. Digital Services Act

3.1.1. Aim: Further egislation regarding illegal content, transparent advertising and disinformation

3.1.2. Scope: (Social media) platforms operating within the EU, although not in force until 2023

3.1.3. Objectives, e.g. disclosure of: - How algorithms work - How decisions to remove content are taken - How advertisers target users

3.2. Digital Markets Act

3.2.1. Aim: Regulating Big Tech firms' behaviour within and beyond the European Single Market

3.2.2. Scope: Big Tech firms operating within the EU, although not in force until 2023

3.2.3. Objectives, e.g.: - Reclassifying larger platforms as "gatekeepers" subject to new obligations - More transparency in mediation - Limiting unfair practices

4. 2. Commission Recommendation on measures to effectively tackle illegal content online (2018)

4.1. Scope: I.1 Service providers hosting within the EU

4.2. Aim: I.1 Taking effective, appropriate and proportionate measures to tackle illegal content online

4.3. Relevant sections, e.g.: II.5-6: Mechanisms to submit clear and substantiated notices to take down illegal content II.7-11: Informing and providing counter-notice possibilities for content providers II.16-17: Transparency concerning the removal of or disabled access to content