The digital services package - a BusinessEurope position paper

Key messages

• The eCommerce Directive has greatly contributed to the growth of Europe’s economy, yet the online landscape in which it was adopted has greatly changed. Shaping a framework that takes this into consideration must protect both consumers and the competitiveness of business users. The value of the online ecosystem lies in its ability to operate quickly at scale.

• Clarity on which types of digital services and definitions of what goods/content are to be covered are required. The framework should be upgraded to apply to 3rd country services that are not established in the EU but offering services within it.

• Clear, fast and harmonised mechanisms are needed to support the removal of illegal goods and content online. Further novel measures should be considered to incentivise platforms into maintaining diligent processes of active engagement.

• A clear notion of what is an illegal good/content is needed. This cannot be a “one-size-fits-all” definition and should instead be tailored based on specific, existing EU and national legislation. The notion of legal but “harmful” content should not be defined or legislated for at the risk of breaching fundamental rights.

• Platforms achieving a so called “gatekeeper” position are not necessarily abusing that position. However it can take place through carrying out activities that impede effective competition. Contestability of these platforms by others through truly open markets should be the goal.

• Clarity as to which platforms are considered "gatekeepers" as well as the criteria as to how these characteristics should be measured are required. Appropriate and practicable thresholds would avoid overregulation on smaller platforms that serve only niche markets.

• Any new ex-ante mechanism should have a solid due process and governance model to avoid legal uncertainty and arbitrary decisions in order to keep the spirit of the existing competition framework.

• Consumer welfare must remain the ultimate goal. As markets are rapidly evolving with the state of technology any new mechanism should remain future-proof and technology neutral.

• The Commission should continue to map the situation and policy responses across Member States to develop a repository of practices to better understand the commonalities and differences of platform workers across the single market and then carry out tripartite discussions on this topic.