Online platforms such as marketplaces, search engines and booking sites need more clarity on the interpretation of the Platform-to-Business Regulation. For this reason, they are currently working hard on a guideline to provide more clarity on the implementation of this regulation. The aim is to publish this guidance document this fall.
This is according to a market survey conducted by the Autoriteit Consument & Markt (ACM).
Entrepreneurs increasingly rely on online platforms and search engines to reach their target audience. They use these platforms to offer their products and services. The big advantage is that entrepreneurs have a wide reach and no longer have to invest in marketing themselves.
At the same time, this dependence leaves entrepreneurs vulnerable to harmful business practices by online platforms. Consider, for example, a platform that, without prior warning, changes its general terms and conditions. Or a platform that, without clear justification, suddenly decides to ban the offering of a particular service.
Until recently, there were no European rules regulating the manners between online platforms and entrepreneurs. In July 2020, that changed with the advent of Platform-to-Business Regulation. It was created to hold European businesses accountable. Its goal is to create a fair, competitive and transparent online marketplace.
The regulation contains rules on general conditions, reasons for suspension or termination of services, access to data and procedures of handling internal complaints and external mediation.
Research by the ACM shows that online platforms such as marketplaces, search engines and booking sites need more information on how to interpret the European regulation. A bill on this subject will soon go to the Raad van State. One of the opinions is most likely that the ACM should start monitoring the implementation of the regulation.
In anticipation of the Raad van State s advisory report, the regulator is already working on a guideline. This should answer pressing questions from providers of online platforms. Should the ACM be designated as regulator of the Platform-to-Business Regulation, it will be able to protect entrepreneurs if, for example, they provide incomplete information about the ranking of goods and services on the platform.
"During our market survey, we found that the open standards of the Platform-to-Business Regulation are interpreted in different ways in practice," explained ACM Board Member Manon Leijten. "With a guide we can provide clarity on how the ACM as regulator will interpret these standards, so that it is clear to platforms what they have to do and their business customers know what they are entitled to."
