Digital Services Act: Chambers cautiously optimistic about new proposed e-commerce framework

EUROCHAMBRES has welcomed the balanced approach taken by the European Commission with today’s proposal for a Regulation on a Single Market for Digital Services, which takes a forward-looking approach while not radically overhauling existing approaches that have proven their worth. The text cements some well-established cornerstones of the current e-commerce framework such as the country of origin principle and core rules on liability.

The importance of today’s proposal cannot be understated as ever more businesses are changing their business models and depend on e-commerce channels to reach their customers. As underlined in EUROCHAMBRES’ recommendations, the revision of the current rulebook is a great opportunity to clarify the liability regime, as well as to address legal fragmentation. With the Commission’s decision to opt for a Regulation rather than another legal instrument, businesses can truly hope for a more harmonised rulebook and increased legal certainty.

The country of origin principle is especially important for small and medium-sized enterprises, which do not have the means to investigate and adapt their offer to the rules of other European jurisdictions. EUROCHAMBRES therefore urges the co-legislators for this proposal also to endorse this principle, which benefits both consumers and their service providers.

Ben Butters, CEO of EUROCHAMBRES, commented that: “The Commission text seems at first glance to be balanced, principle-based and innovative at the same time. Its objective to tackle the sale of counterfeit goods and illegal content online is certainly shared by the Chamber community. Addressing the fragmentation of rules will help if it is complemented by a robust enforcement framework.”