New EU & UK Digital Platforms Rules - A Guide for Business

Introduction

Online platforms occupy a pivotal position in today’s modern economy.

The importance of digital services has risen exponentially over the last few years particularly during the coronavirus pandemic. It is therefore important for legal advisers in private practice or in a corporate legal department to know about the new obligations to be introduced in the UK and Europe on different online players as well as the rights business users will be given in this fast evolving sector.

The EU has recently introduced its much-awaited Digital Services Act package (incorporating the Digital Services Act and the Digital Markets Act) which radically reform the legal duties and responsibilities of digital service providers in the European Union. The UK has also updated its approach to the regulation of digital services with the establishment of a specialist pro-competition digital platforms regulator, the Digital Markets Unit (DMU). Still very much in its formative stage, the DMU will oversee the establishment of a new regime in the UK to regulate the most powerful digital platforms, promote greater competition and innovation in the sector and to protect consumers and businesses from unfair practices.

Although the EU and the UK have taken different legislative approaches to the regulation of digital services, they share a common goal; that of establishing an effective framework for the regulation of digital markets.

This virtual classroom session will explore the EU Digital Services Act package and the formation of the UK’s Digital Markets Unit.

What You Will Learn

This live and interactive session will cover the following:

EU Digital Services Act

The Digital Services Act will introduce EU harmonized rules and obligations on digital services providers operating in the Community.

• Modernised liability regime for online intermediaries
• Removal of illegal on-line content
• Online intermediaries use of user data
• New requirements and transparency obligations imposed on online platforms
• Appointment of EU Representatives for on line intermediaries established outside the EU
• Specific rules for very large online platforms which pose particular risks in the dissemination of illegal content and societal harms

EU Digital Markets Act

The Digital Markets Act regulates the behaviour of core platform services acting as gatekeepers between business users and their customers and enjoy significant market power. But is this power always appropriately used?

• How the EU proposes to introduce address the anti-competitive effects of this market imbalance by introducing harmonized rules for defining and prohibiting certain unfair practices by gatekeeper platforms
• The Commission’s enforcement mechanisms to address market imbalances through new market investigation powers

UK Digital Markets Unit

This new initiative from the UK Government to form a procompetitive digital services regulator is not yet on the statute books but is likely to have a significant impact in the years to come.

• What will be the DMU’s proposed functions and role
• Consider what type of practices by digital firms are likely to harm competition
• The type of enforcement powers the UK Government proposes to give the DMU
• How those powers will be used to combat anti-competitive practices
• New merger scrutiny powers in relation to large on line digital platforms