User-facing transparency of online advertising vetting credentials of third party suppliers ("KYBC"), compliance by design, random checksīans on targeted adverts to children and those based on special characteristics of users Special obligations for marketplaces, e.g. Measures against abusive notices and counter-notices Notice and action and obligation to provide information to usersĬomplaint and redress mechanism and out of court dispute settlement Points of contact and, where necessary, legal representative Requirements on terms of service due account of fundamental rightsĬooperation with national authorities following orders Oversight structure to match the complexity of the online space: Member States will have the primary role, supported by a new European Board for Digital Services for very large platforms, supervision and enforcement by the Commission.All online intermediaries offering their services in the single market, whether they are established in the EU or outside, will have to comply with the new rules.Codes of conduct and technical standards will assist platforms and other players in their compliance with the new rules. Other codes will enhance measures taken to ensure accessibility of platforms for people with disabilities, or support further measures on advertising.Researchers will have access to data of key platforms, in order to scrutinise how platforms work.Obligations for very large platforms that reach more than 10% of the EU’s population to prevent abuse of their systems by taking risk-based action and through independent audits of their risk management systems.Transparency measures for online platforms that are wide-ranging, including on the algorithms used for recommendation.Effective safeguards for users, including the possibility to challenge platforms’ content moderation decisions.New obligations on traceability of business users in online market places, to help identify sellers of illegal goods.Measures to counter illegal goods, services or content online, such as a mechanism for users to flag such content and for platforms to cooperate with “trusted flaggers”.What the new Digital Services Act changes: The biggest impact comes from those platforms which have become quasi-public spaces for communication and trading. Today, users are exposed to illegal goods, content or services, and all decisions are mostly at the discretion of the platforms. The new rules set up mechanisms for the Commission and Member States to coordinate their actions and ensure a proper implementation of the framework across the EU.One set of rules applicable throughout the EU. Reduced compliance costs for gatekeepers and their business users.Other platforms will not be subject to these rules but will be able to benefit from fairer behaviours when doing businesses with gatekeepers.Gatekeepers know beforehand the obligations they have to respect.What the new Digital Markets Act changes: This can create increased compliance costs for platforms operating cross-border. Today, national legislative initiatives in EU Member States may partially address the problems identified but also lead to increased regulatory fragmentation in the EU. Outside those practices, gatekeepers will continue to offer new and innovative services as they have done until now, but without taking advantage of unfair behaviour. These include, for example, prohibitions to discriminate in favour of own services, obligations to ensure interoperability with its platform, and obligations to share, in compliance with privacy rules, data that is provided or generated through business users' and their customers' interactions on the gatekeepers' platform. If designated as a “gatekeeper” under the Digital Markets Act, companies will have to comply with a clearly defined set of prohibitions and obligations to avoid a number of unfair practices.
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