Regulation of online platforms in the digital single market
Regulation of online platforms in the digital single market

Summary/Abstract: The purpose of this article is to analyse and assess the initiatives taken at the European Union level to establish an adequate regulatory framework for online platforms. The Digital Single Market Strategy, published by the European Commission in 2015, forms the starting point for the inquiry. The article discusses the role of online platforms in the digital economy, describes their characteristic features and associated benefits and risks. It subsequently moves to the two central issues from the point of view of the lawmaker: protection and commodification of personal data and the allocation of risks and responsibilities. The analysis takes a number of legal sources into account, such as the General Data Protection Regulation 2016/679, Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services. It further includes a selection of soft law instruments, such as the European Commission’s communications on online platforms, on collaborative economy and on tackling illegal content online. According to the author, the direction of steps already taken is to be welcomed. However, the success of the overall project will depend on the effectiveness of implementing measures. Further research is also necessary to explore the relations between contract law and data protection law as well as possibility of leveraging the position of online platforms to minimize the risks associated with their growth.

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