Les 22/11: DIGITAL SERVICES = ONLINE SHOPPEN (E-COMMERCE) =/ brick and
mortar is shoppen in winkel
The focus is on the Digital Services Act (DSA) and the Digital Markets Act (DMA)
within the European Union (EU). These regulatory instruments are vital because:
Many activities, including purchasing goods, booking services, and consuming
content, have shifted from the offline to the online environment.
These activities often involve large online platforms with significant power.
The online economy is broad, encompassing both direct monetary transactions
and advertising-based models, highlighting the complexity of online services.
Key Issues Stemming from Online Activities = waarom belanrijk?
1. Cross-border Challenges: online winkel is niet gevestigd in 1 land, ik bied mijn
dingen aan alle landen van EU
a. Traditional national laws face obstacles regulating cross-border online
transactions.
b. Consumers and service providers often operate in different jurisdictions,
necessitating EU-level regulation to address these challenges.
2. Lack of Physical Interaction: je kan producten niet eerste passen dus daarom
moet je kan terugsturen
a. Unlike offline purchases, online transactions prevent consumers from
inspecting goods physically.
b. This necessitates new rules, such as those governing product returns
3. Platformisation and Market Power: klant moet niet betalen om online platform
te gebruiken, maar in ruil hiervoor verzamelen ze veel info over jou – op veel
platformen is er veel illegale content bv fake dingen op ebay bv illegale video op
yt
a. The rise of platformisation has concentrated economic power in the
hands of a few large tech companies.
b. Major platforms (e.g., Google) offer diverse services (e.g., search engines,
app stores, video hosting) that are interlinked through user data and
functionalities.
c. Network effects and lock-in effects amplify this power, making
platforms more attractive as they grow.
Impact of Platform Business Models
1. Advertising-based Models:
a. Platforms prioritize keeping users engaged to maximize exposure to ads.
b. Design strategies, such as dark patterns, are employed to prolong user
interaction.
2. Diversification of Services:
a. Large platforms expand into multiple service areas, often consolidating
services previously offered by separate companies.
b. Examples: Google operates a search engine, YouTube, an app store, and
more.
, Implications of Platform Power
1. Economic Power:
a. Large platforms dominate the market, stifling competition and making it
harder for smaller players to compete.
b. This monopolistic tendency is a significant driver behind the Digital
Markets Act (DMA).
2. Societal Impact:
a. Platforms with enormous user bases wield influence beyond the economy,
including societal effects.
b. Example: The spread of illegal content or activities on large platforms
can have widespread repercussions.
3. Competition Concerns:
a. The dominance of big platforms creates barriers to entry for new market
players, limiting innovation and consmer choice.
Dus regels nodig! The EU has introduced the DSA and DMA to:
o Address the challenges of cross-border online transactions.
o Regulate platform behavior and mitigate their economic and societal
power.
o Create a more level playing field for competition in digital markets.
The Digital Markets Act (DMA)
Context and Need for the DMA:
The DMA is classified as a regulation, which ensures uniform application across
all EU member states.
o This avoids fragmentation seen in earlier approaches like the 2000
Directive on Electronic Commerce, which required national-level
implementation and led to inconsistent rules across the EU.
The DMA addresses concerns about the concentration of power in a small
number of large companies with considerable economic and market power:
o These companies act as gatekeepers, controlling access between users
and businesses.
o Their dominance makes it difficult for new entrants or smaller operators
to compete effectively.
o They leverage advantages such as extensive data and control over market
access.
Key bepalingen of the DMA
1. Gatekeeper Designation:
a. Platforms are identified as gatekeepers based on specific criteria:
i. Economic Scale: Annual turnover of at least €7.5 billion within the
EU or market valuation of at least €75 billion.
ii. User Base: At least 45 million monthly active end users and
10,000 business users.
iii. Geographical Scope: Control of one or more core platform
services in at least three EU member states.
2. Core Platform Services:
mortar is shoppen in winkel
The focus is on the Digital Services Act (DSA) and the Digital Markets Act (DMA)
within the European Union (EU). These regulatory instruments are vital because:
Many activities, including purchasing goods, booking services, and consuming
content, have shifted from the offline to the online environment.
These activities often involve large online platforms with significant power.
The online economy is broad, encompassing both direct monetary transactions
and advertising-based models, highlighting the complexity of online services.
Key Issues Stemming from Online Activities = waarom belanrijk?
1. Cross-border Challenges: online winkel is niet gevestigd in 1 land, ik bied mijn
dingen aan alle landen van EU
a. Traditional national laws face obstacles regulating cross-border online
transactions.
b. Consumers and service providers often operate in different jurisdictions,
necessitating EU-level regulation to address these challenges.
2. Lack of Physical Interaction: je kan producten niet eerste passen dus daarom
moet je kan terugsturen
a. Unlike offline purchases, online transactions prevent consumers from
inspecting goods physically.
b. This necessitates new rules, such as those governing product returns
3. Platformisation and Market Power: klant moet niet betalen om online platform
te gebruiken, maar in ruil hiervoor verzamelen ze veel info over jou – op veel
platformen is er veel illegale content bv fake dingen op ebay bv illegale video op
yt
a. The rise of platformisation has concentrated economic power in the
hands of a few large tech companies.
b. Major platforms (e.g., Google) offer diverse services (e.g., search engines,
app stores, video hosting) that are interlinked through user data and
functionalities.
c. Network effects and lock-in effects amplify this power, making
platforms more attractive as they grow.
Impact of Platform Business Models
1. Advertising-based Models:
a. Platforms prioritize keeping users engaged to maximize exposure to ads.
b. Design strategies, such as dark patterns, are employed to prolong user
interaction.
2. Diversification of Services:
a. Large platforms expand into multiple service areas, often consolidating
services previously offered by separate companies.
b. Examples: Google operates a search engine, YouTube, an app store, and
more.
, Implications of Platform Power
1. Economic Power:
a. Large platforms dominate the market, stifling competition and making it
harder for smaller players to compete.
b. This monopolistic tendency is a significant driver behind the Digital
Markets Act (DMA).
2. Societal Impact:
a. Platforms with enormous user bases wield influence beyond the economy,
including societal effects.
b. Example: The spread of illegal content or activities on large platforms
can have widespread repercussions.
3. Competition Concerns:
a. The dominance of big platforms creates barriers to entry for new market
players, limiting innovation and consmer choice.
Dus regels nodig! The EU has introduced the DSA and DMA to:
o Address the challenges of cross-border online transactions.
o Regulate platform behavior and mitigate their economic and societal
power.
o Create a more level playing field for competition in digital markets.
The Digital Markets Act (DMA)
Context and Need for the DMA:
The DMA is classified as a regulation, which ensures uniform application across
all EU member states.
o This avoids fragmentation seen in earlier approaches like the 2000
Directive on Electronic Commerce, which required national-level
implementation and led to inconsistent rules across the EU.
The DMA addresses concerns about the concentration of power in a small
number of large companies with considerable economic and market power:
o These companies act as gatekeepers, controlling access between users
and businesses.
o Their dominance makes it difficult for new entrants or smaller operators
to compete effectively.
o They leverage advantages such as extensive data and control over market
access.
Key bepalingen of the DMA
1. Gatekeeper Designation:
a. Platforms are identified as gatekeepers based on specific criteria:
i. Economic Scale: Annual turnover of at least €7.5 billion within the
EU or market valuation of at least €75 billion.
ii. User Base: At least 45 million monthly active end users and
10,000 business users.
iii. Geographical Scope: Control of one or more core platform
services in at least three EU member states.
2. Core Platform Services:
