The liability exemption and the ban on the introduction of general monitoring obligations have helped developing the diversity of internet platforms, which is beneficial for consumers too. However, after 20 years, it was time to update the rules for platforms and adjust them to the new context and challenges.
The European Regulation for a Digital Services Act includes new rules for the responsibility and the due diligence of internet platforms. The regulation contains many positive elements. However, it falls short with regard to online marketplaces and traders’ compliance with consumer law.
The rules must now be implemented and enforced. The best rules are only useful if enforced properly.
- Consumers shouldn’t have to become DSA enforcement experts.
- Consumers must be able to easily and efficiently assert their rights.
- Authorities must be equipped with sufficient competences as well as financial and human resources.
- Private enforcement must be strengthened.
- Independent supervision