The Platform to Business proposal - a BusinessEurope position paper

Key messages

Further clarity is needed to determine which platforms this legislation applies. It should not inadvertently apply to business to business (b2b) platforms. Yet whether operating for a fee or free, all business users on p2b2c platforms should benefit from this Regulation.
The 15-day notification obligation should only apply when changes in terms and conditions would make essential changes to the content of the contractual relationship between the platform and the business user or would impact the business user’s activities and business model.
Platforms should be transparent on their use of differential treatment, data access and use of parity clauses, in relation to the services they offer.
The proposal is primarily aimed to benefit of business users and platforms and not consumers themselves. Therefore, consumer notions such as making annual internal complaint procedures public is disproportionate to achieving the objectives set out by the Commission.
The ability to bring collective action should not deviate from current EU acquis in relation to applicable law or jurisdiction.

Greater transparency and fairness within the platform economy to the benefit of business users without limiting the attractiveness of the services platforms offer
Harmonised rules in relation to the most critical elements that terms and conditions should include to enable greater transparency for business users to better determine their future and continuing relationship with the platform.
A wide uptake of accessible and efficient dispute handling mechanisms.
A legally clear scope to apply this Regulation only in the platform-business-consumer situation (P2B2C).