Many providers of online services do not yet have their affairs in order when it comes to compliance with the obligations of the Digital Services Act (DSA) and the Platform-to-Business Regulation (P2B). That's according to a recent sample from the Authority Consumer & Market (ACM), in which the authority scrutinized several dozen companies. "There is still work to be done for companies," said ACM Board Chairman Martijn Snoep.
Since Feb. 17, 2024, online service providers must comply with the DSA, a European law containing obligations for online service providers to make the Internet safer. For example, they must have their complaint process in order and act predictably with respect to, for example, restricting users' accounts. The P2B Regulation already came into force in 2020 and contains rules for online service providers on transparency of terms and conditions, the order of search results and dispute resolution. The ACM is the intended regulator for the Netherlands for both laws, but can only enforce them after the Dutch implementation laws take effect. That is expected to be early next year.
ACM Board Chairman Martijn Snoep: "The fact that we cannot formally enforce yet does not mean that we as ACM are sitting still. The sample shows that for many online service providers there are still steps to take in complying with the P2B Regulation and the DSA. We suspect that many companies are also unaware of all the rules they have to comply with. Information about this can be found on our website. We want to send a signal to all online service providers: get your act together as soon as possible."
The ACM conducted a sample of 50 different online service providers on compliance with a selection of obligations under the P2B Regulation and the DSA. For the P2B Regulation, the regulator explored whether the general terms and conditions of online platforms are easily available to businesses. The sample showed that they are not always (easily) findable or do not contain the information providers are required to provide. This includes, for example, information about limiting accounts, the order of search results and the internal complaint handling system.
For the DSA, the ACM examined whether providers of online platforms and online marketplaces have a contact point for buyers and authorities, provide information in the general terms and conditions about their content moderation, and whether they offer buyers the opportunity to report illegal content. The sample shows that the contact point for buyers does not always meet the requirements of the DSA. For example, in a number of cases, customers cannot choose how to contact the provider. Also, information about content moderation is not always easy to find in the general terms and conditions or the terms and conditions sometimes do not contain all the mandatory information. With some providers, it also appears that it is not possible to report illegal content or the reporting system is not easy to find.
The P2B Regulation applies to online platforms and search engines that allow business users to offer products or services to consumers. The DSA applies to more online providers, namely all types of providers that transmit, store or disclose users' content online. Fewer rules apply to small businesses. To help online providers get started, ACM published guidance earlier this year for the DSA and in 2023 for the P2B. Businesses and consumers can also report to the ACM if digital platforms are not properly complying with the rules. These signals help the ACM take effective action once it has full authority to do so.
