CCIA Provides Input to the EU’s Future Proposals on the Digital Services Act and Competition Tools

BY Heather Greenfield
June 30, 2020

Brussels, BELGIUM — The Computer & Communications Industry Association welcomes the opportunity to respond to the European Commission’s calls for feedback on its future Digital Services Act (internal market rules and ex-ante measures) and proposal for new competition tools. The European Commission is expected to present legislative proposals before the end of the year.

CCIA shared its feedback on the DSA roadmap on deepening the internal market and clarifying responsibilities for digital services. CCIA’s response included input on expected changes to intermediaries’ liability, transparency requirements for digital services, online advertising, and a possible “know your customer scheme”.

CCIA also shared its feedback on the roadmap on the expected “ex-ante regulatory instrument for large online platforms with significant network effects acting as gate-keepers”, and on the roadmap for a “new complementary tool to strengthen competition enforcement.” CCIA supports an evidence-based investigation into the possible need for ex-ante market regulation and further competition law reform, but questions some of the assumptions underlying calls for further intervention.

On the DSA the following can be attributed to CCIA Senior Manager, Victoria de Posson:

“We encourage the European Commission to adopt a horizontal, principle-based Digital Services Act, which could be complemented with more targeted measures (legislative and non-legislative), tackling specific concerns. Any new obligations should be achievable and proportionate to known risks. The Digital Services Act should offer online intermediaries the opportunity to take voluntary measures tackling illegal content, products or conduct without being penalised for such good faith efforts.”

On the ex-ante measures and new competition tools, the following can be attributed to CCIA Competition & Regulatory Counsel, Kayvan Hazemi-Jebelli:

“The Commission should carefully weigh evidence of new potential theories of harm against the potential costs of top-down intervention. Digital ecosystems are complex and interconnected, and digital products and services have flourished under the existing rules. Thanks to this growth, small businesses have never been better equipped to compete with incumbents and bypass traditional gatekeepers. It would be counter-productive to promote contestability in the interest of one narrow segment of an ecosystem if greater costs would be suffered by the ecosystem as a whole.”

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