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The various platforms of communications and their regulation

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The Communication makes clear that the Commission will not make broad regulatory proposals encompassing all allegedly potentially problematic aspects of online platforms.

Instead, the Commission proposes a problem-driven approach, such that intervention is only triggered in specific circumstances. As a result, the Communication provides a road map and some general principles that should guide future intervention.

  1. In addition, to ensure a fair and innovation-friendly business environment, the Commission will carry out a targeted fact-finding exercise on business-to-business practices in the online environment to determine whether EU-level action is needed.
  2. The Communication lists the main characteristics — some of them very broad — of online platforms.
  3. This initiative will make it easier for users to switch between platforms through the development of common standards for data transfer and data portability between online platforms and cloud computing services. In this context, the Commission proposes four guiding principles for future intervention.
  4. The Communication lists the main characteristics — some of them very broad — of online platforms. The Commission considered whether the fragmented regulatory approach of EU Member States to these new business models resulted in uncertainty for traditional market participants, new service providers and users.

This list slightly differs from the one in the Consultation. The Communication lists the main characteristics — some of them very broad — of online platforms: However, as the Commission itself noted in an earlier publicationnot all potential online platforms share these characteristics, in particular the multi-sided model.

However, there are many businesses operating in one-sided markets that the Commission would likely regard as platforms, such as audiovisual and music platforms, collaborative economy platforms and even app stores which are listed as examples of platforms in the Communication. It would appear that not all five characteristics mentioned above are necessary for a business to be a platform.

Adoption of a principles-based approach The Communication proposes ways to foster the development of online platforms in the EU, noting that the vast majority of platforms originate in the US and Asia.

Such problem-driven approach should begin with an evaluation of whether the existing framework is still appropriate.

In this context, the Commission proposes four guiding principles for future intervention. A level playing field for comparable digital services The telecommunications sector is used to illustrate the necessity for comparable digital services to be subject to the same rules.

  • As a result, the Communication provides a road map and some general principles that should guide future intervention;
  • Misinformation and illegal or extremist content are not the only concerns;
  • Users will see less news, unless they actively choose to prioritise an outlet Local and hyperlocal news, on the other hand, will be boosted Facebook will survey users about the perceived trustworthiness of different news brands, and use this ranking to choose what to show in the News Feed Groups - which are normally private - will be encouraged, because people are increasingly cautious about sharing posts with different social circles.

This is likely to be well-received by online intermediaries because the questions raised in the Consultation would have had significant consequences for them. Indeed, the Consultation considered new measures to tackle illegal content online, whether additional categories of intermediaries such as search engines or cloud providers should be added to the e-Commerce Directive, and whether the current categories mere conduits, caching and hosting are sufficient.

Platform responsibility

The current liability regime will be maintained, with specific problems addressed through targeted instruments. Indeed, the amended AVMSD requires video-sharing platforms to protect minors from harmful content and protect citizens from incitement to hatred.

The allocation of revenues generated by the online distribution of copyright-protected content will be looked at in the context of the copyright package to be adopted in 2016. This issue is particularly important in view of the increasingly central role of online platforms in the distribution of such content.

In particular, national authorities will be able to check if websites geo-block consumers or offer after-sales conditions withdrawing rights for cross-border purchases, order the immediate take-down of websites hosting scams, and request information from domain registrars and banks to identify responsible traders.

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The document also provides guidance specific to certain online platforms e. The Commission also intends to promote interoperability, including through issuing principles and guidance on secure electronic identifications eID interoperability no later than 2017.

  • In doing so, Member States should differentiate between individuals providing services on an occasional basis and providers acting in a professional capacity;
  • She has numerous works on how innovation in online platforms and the sharing economy well as on multi—sided platform, data privacy, and online reputation challenge the current competition law analysis and policy.

In addition, to ensure a fair and innovation-friendly business environment, the Commission will carry out a targeted fact-finding exercise on business-to-business practices in the online environment to determine whether EU-level action is needed.

Openness and non-discrimination in data-driven economy The Communication merely refers to the Free Flow of Data initiative. This initiative will make it easier for users to switch between platforms through the development of common standards for data transfer and data portability between online platforms and cloud computing services.

The Commission will also examine ownership and usability of, and access to, data, including application programming interfaces.

  1. Hence, to what extent state intervention would be needed. Yet calls for the platforms to take a more proactive role in weeding out misinformation and hate speech have raised fears that they might become the ultimate arbiters of what constitutes unacceptable content.
  2. Go-Jek exemplifies this development in the way it meets the need of public transportation and expands the services to delivery of foods, documents, and goods, offers other services such as shopping and money transfer.
  3. As traditional broadcast and print media decline and the smartphone has become ubiquitous in Western countries, news organisations have increasingly turned to platforms in an effort to attract readers.
  4. The document also provides guidance specific to certain online platforms e. In recent months -with the aim of making time spent on Facebook ' time well spent', in CEO Mark Zuckerberg's words - the platform has announced a number of changes to its News Feed which are likely to have deep ramifications for publishers.
  5. The analysis will take into account two main the Indonesian competition authority Commission for the Supervision of Business Competition, hereafter KPPU Regulations that refer to innovation as a key element in guiding how competition law should be implemented by the competition authority. Facebook now deploys a large number of moderators and AI tools in an effort to control the spread of illegal content.

The Commission considered whether the fragmented regulatory approach of EU Member States to these new business models resulted in uncertainty for traditional market participants, new service providers and users. The Communication then identifies a number of key issues raised by the collaborative economy, including: Market access requirements — The Commission considers that business authorisations or licences should only be required when strictly necessary to meet public interest objectives and that absolute bans of an activity should only be measures of last resort.

The Communication calls on Member States to review their market access requirements, to reduce unnecessary regulatory burdens. In doing so, Member States should differentiate between individuals providing services on an occasional basis and providers acting in a professional capacity.

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Liability — Whether a collaborative platform can be liable for the information stored or illegal user generated content must be assessed on a case-by-case basis, depending on the types of services offered. For example, under the e-Commerce Directive, platforms that merely store information are not liable if they have no knowledge of the illegal nature of the content.

However, collaborative platforms would not be exempt from liability for services they offer themselves g. The Communication encourages collaborative platforms to take voluntary measures to fight illegal content online and increase trust.

The European Commission’s Approach to Online Platforms and the Collaborative Economy

Consumer protection — Member States must ensure that users of collaborative platforms are protected against unfair commercial practices. That said, the Communication advocates avoiding imposing disproportionate obligations on individuals who only provide services occasionally. Concluding remarks Online platforms and the collaborative economy play a key role in innovation and growth of the Digital Single Market. While these Communications are not binding instruments or legislative proposals, they provide an assessment of the rapidly changing economic and regulatory environment in which online platforms are growing.

They also provide guidance as to how rules at the EU and national levels could enable the digital economy to flourish.