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Innovative consumer-oriented legislation for digital services

Within the European Union, 54% of online services are provided by American companies, which have been repeatedly fined for not respecting competition in the European market. In response to this systemic problem, the European Commission unveiled ambitious legislation called the Digital Service Act (DAS) to better protect consumers and better regulate digital platforms. This regulation has been approved by all stakeholders, such as the European Parliament, Member States and the digital players themselves.

In recent years, digital companies have made it easier for us to access information and entertainment through different platforms, but this has opened the door to the availability of illegal content and the possibility of selling illegal products or services.

A series of obligations and constraints will be applied depending on the impact and size of the service. The most important ones to take note of are the removal of illegal offers and services present online, better traceability of online sellers who offer fraudulent services and the provision of guarantees to users who have had content mistakenly removed from a site, platform or service.

In addition, the companies affected by this DAS are those with more than 45 million users and will be subject to increased surveillance by each Member State. Furthermore, the companies concerned may be fined up to 6% of their global turnover for non-compliance with this regulation.

Unlike the rest of the world, the EU’s objectives are clear regarding the digital market. There are too many abuses at this level, and in agreement with Margrethe Vestager (European Commissioner for Competition), European consumers must benefit from reliable services while creating new rules.

Pablo ARELLANO-GARCIA

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