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The European Commission proposes new Rules for Digital Services

NEWS

The new set of rules for digital services and digital markets is an ambitious EU plan how to regulate electronic communications services and markets in order to provide ne possibilities, and in the meantime to ensure protection to all the users.

ZAGREB, 17 December 2020 - On  December  15, the European Commission proposed an ambitious and comprehensive set of new rules for all digital services, including social media, internet sales points and all other digital platforms operating in the European Union through: Digital services Act (DSA) and Digital Markets Act (DMA). Together with the Digital services Act, the Digital Markets Act is one of the central parts of the European Digital Strategy.

DSA: For the first time, a common set of rules regarding the obligations and responsibilities of intermediaries in the single market will open up new opportunities for the provision of cross-border digital services while ensuring a high level of protection for all users, wherever they live in the EU.

In accordance with the new DSA proposal the rules are proportionate, stimulating innovation, growth and competitiveness and facilitating the spread of smaller platforms, micro, small or medium-sized enterprises - SMs. Small and medium sized enterprises (SME) and start-ups. Thanks to the redistribution of responsibilities among users, platforms and public authorities in line with the European values, citizens are coming to the fore.
The new rules aim to protect better the consumers and their fundamental rights online, establish an effective and clear framework for transparency and accountability of online platforms and foster innovation, growth and competitiveness in the single market.

The providers in question are providers of intermediary services offering online infrastructure: providers of the Internet access services, domain name registers, including hosting services on a server such as cloud and hosting websites, online platforms bringing together sellers and consumers such as online shops, app shops, collaborative economy platforms and social networks. Very large online platforms are particularly risky in terms of the spread of illegal content and harmful impacts on society. For platforms that use more than 10% of the 450 million users in Europe, special rules are envisioned.
The Member States will have to appoint competent authorities - digital service coordinators - to monitor compliance of services established on their territory with the new rules and to participate in the EU cooperation mechanism proposed by the Digital Services Act. The Digital services Coordinator will be an independent body with high demands for impartial and transparent performance of its tasks. The new Digital services Coordinator in each Member State will be an important regulatory centre, ensuring coherence and digital competence.

The Member States will have to appoint competent authorities - digital service coordinators - to monitor compliance of services established on their territory with the new rules and to participate in the EU cooperation mechanism proposed by the Digital Services Act. The Digital services Coordinator will be an independent body with high demands for impartial and transparent performance of its tasks. The new Digital services Coordinator in each Member State will be an important regulatory centre, ensuring coherence and digital competence.
 
DMA: Some large network platforms act as “gatekeepers” in digital markets. The Digital markets Act aims to ensure that these platforms behave fairly online.
The DMA establishes a set of narrowly defined objective criteria for qualifying a large network platform as the so-called “access supervisor”. This allows the DMA to continue to be well-focused on the problem it seeks to address with regard to large-scale system network platforms.

These criteria will be met if the legal entity:
- It has a strong economic position, a significant impact on the internal market and is active in the several EU countries
- It has a strong mediation position, which means that it connects a large database of users with a large number of companies
- It has (or will soon have) a solidified and durable position on the market, which means that it is stable over time.

Next steps: the European Parliament and the Member States will discuss the Commission’s proposal under the ordinary legislative procedure. Following its adoption, the new rules will be directly applied in the EU.

For more information please contact the following link:

https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2347

https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_2348




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For additional information please contact:
Croatian Regulatory Authority for Network Industries (HAKOM)
Roberta Frangeša Mihanovića 9
10110 Zagreb, Croatia
Tel. + 385 (0) 1 700 70 07
Fax + 385 (0)1 700 70 70
 
Media inquiries can be submitted online using HAKOM’s official website: https://www.hakom.hr/
Registration required.
 
ABOUT HAKOM: HAKOM (www.hakom.hr) - Croatian Regulatory Authority for Network Industries – ensures preconditions for a fair market competition, stable growth and environment for innovations in the electronic communications and postal services market. HAKOM protects users’ interests and the possibility of choice among various communications and postal services at affordable prices, defines sustainable competitive conditions for operators and service providers under fair conditions for return on investment, and provides support to economic growth, public services and the quality of life in the Republic of Croatia by using modern technologies. HAKOM’ strategic goals are: to promote regulation of the electronic communications and postal services market, to support growth of investments and innovations in the electronic communications and postal services market, to provide efficient use of limited resources, to accelerate the growth of broadband products and services, to provide affordable offers of communications and postal services, to provide protection and informing of users, to build an efficient and comprehensive information system, to define and implement efficient processes, and to acquire multi-disciplinary.

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