For the SAA, a revision of the E-Commerce Directive as the horizontal instrument that regulates digital services is necessary to reflect the rapid transformation and expansion of e-commerce in all its forms and address the current challenges. The E-Commerce Directive is indeed outdated. It does not address today’s market realities: a much wider diversity of services than in 2000 and the massive turnover generated by and around these digital services.
Read our full position here.
10-points of what the Digital Services Act must do:
- Define the liability regime of online services, instead of their liability exemption, so that ‘what is illegal offline is illegal online’.
- Include respect of intellectual property rights at the same level of obligation as the protection of other fundamental rights, such as freedom of expression.
- Apply without prejudice to the provisions of the Copyright Directive and the AVMS Directive.
- Define digital services/online platforms in a comprehensive way, which would encompass the ‘video-sharing platform service’ of the AVMS Directive and the ‘online content-sharing service’ of the Copyright Directive.
- Legally secure remuneration for the authors of the copyright-protected works for any type of exploitation.
- Ensure cooperation between digital services, rightsholders and regulatory authorities in the fight against piracy.
- Oblige global digital platforms to give content service providers access to data generated by the content produced or provided, or which is directly associated therewith.
- Mandate effective audits allowing rightsholders to access all relevant data regarding the income generated in relation to the content provided.
- Extend national media regulatory authorities’ competence to the supervision of digital platforms and reinforce their enforcement powers.
- Apply to online services offered in any Member State, independently from their country of establishment.
Download the full contribution below.