As the Junker Presidency drew to a close, the race was on to finish off as much of the Digital Single Market project as possible. Leaving aside the failure to agree the ePrivacy Regulation, a great deal of the proposed legislation made it onto the statute books. In addition to the consumer protection proposals finalised in 2019 (see the consumer section), the controversial Copyright Directive and the Platforms to Business (P2B) Regulation (previously known as the Online Platforms Regulation) were also concluded.
P2B Regulation
One of the most difficult things about this legislation seems to have been deciding what to call it. After several iterations, the Commission appears to have settled on the Platform to Business or P2B Regulation. When we reported on it in July, we were still calling it the Online Platforms Regulation.
The Regulation will apply from 12 July 2020. It introduces:
- A ban on certain unfair practices by platforms – for example, suspension or termination of a seller's account without clear reasons, failure to provide terms and conditions in plain and intelligible language, and failure to give adequate notice for changes to terms and conditions. Definitive termination will require 30 days' advance notice (subject to limited exceptions).
- Transparency requirements for online platforms and search engines which will have to disclose the main parameters used to rank goods and services on their site.
- An obligation on platforms to disclose any advantage given to their own products over others, and explain what data they collect and how they share and use it.
- A requirement on all but the smallest platforms to set up an internal complaint handling procedure for their business users. Platforms will need to offer mediation options to businesses.
- The ability for business associations to sue platforms for non-compliance with the Regulation. Member States will also be able to appoint public authorities with enforcement powers. Businesses will be able to make complaints to those bodies.
Copyright Directive
The Copyright Directive was published in the Official Journal in April. As we reported in March, reforming rules on copyright was one of the main aims of the EC's Digital Single Market project. It has also been one of its most difficult tasks with controversy focused in particular on the new press publication right and the obligation on internet service providers to obtain licences from rights holders to publish content including content uploaded by users.
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