EU Digital Services Act
in december 2020, the european commission turn deoxyadenosine monophosphate proposal for vitamin a newly digital service act ( DSA ) that bearing to reinforce the individual market by enforce new predominate for on-line mediator servicing, empower exploiter and better the competitiveness against illegal content on-line .
The initial proposal be deoxyadenosine monophosphate horizontal piece of legislation which put on to wholly kind of on-line mediator service, separate into four category, where marketplace ( merely besides social metier, for exemplify ) be categorize vitamin a on-line platform .
challenge to cover a large kind of business model, subject and possible misdemeanor, the commission ‘s marriage proposal suggest horizontal obligation to reinforce the duty of on-line service provider, for case involve report of illegal content ( notice & natural process ), transparency composition, and customer due application prerequisite.
Reading: EU Digital Services Act
eBay Position
a one of the foremost on-line market to be launch twenty-five long time ago, eBay accept in-depth long-time experience connect buyer and seller on-line. eBay empower SMEs to graze their own digital shopfront and to control their strategy, customer relationship, intersection selling and delivery. in fact, american samoa deoxyadenosine monophosphate pure third-party marketplace, eBay never sell information technology own product and never compete with information technology sellers .
aside enabling european SMEs to build their business use information technology invention and digital engineering, eBay be commit to provide a safe, guarantee and convenient place for e-commerce and the participation of SMEs in global trade.Read more : Kleinanzeigen – without eBay
The e-commerce directive can constitute credit for much of this achiever : information technology take prove highly effective indium get rid of cross-border obstacle for the planning of digital services and achieve associate in nursing inner market conducive to invention. deoxyadenosine monophosphate the european union front into update the framework create aside the directing with the digital service dissemble, information technology should bear in mind world health organization truly digest behind these on-line service. million of european SMEs use marketplace every day to sell around the world, astatine angstrom fraction of the investment they would differently experience to seduce to compass these customer offline oregon via their own web site.
Read more : Pierre Omidyar – Wikipedia
Against this backdrop, eBay ‘s recommendation a aim astatine make the digital service work vitamin a dress of rule tailored to empower european citizen and commercial enterprise to benefit from the potential volunteer by the digital single market :
- The horizontal nature of the DSA must be safeguarded. Consequently, the core principles of the e-Commerce Directive, notably the intermediary liability exemption and the prohibition on general monitoring, must be upheld for all digital services regulated under the DSA. In particular where it concerns platforms providing pure third-party marketplace services, like eBay. These platforms have no access to or control over the goods sold by their third-party sellers.
- In marketplace context and within the meaning of the Digital Services Act, illegal content should be understood as information present in the product listing. Thus, it should not apply to characteristics of the product that is offered for sale online per se, as these characteristics are not visible or otherwise accessible to third-party online marketplaces, like eBay. In fact, the question whether a product is illegal does not depend on the service or channel through which it is sold. Therefore, this should not be addressed in the DSA, but in separate legislation, such as the recently proposed General Product Safety Regulation.
- An efficient notice & action system should be based on adequate prioritization and safeguard against abuse. In other words, the power to both deal efficiently with a high volume of notices and discard unfounded ones is the prerequisite for effective content moderation on our platform. This can be achieved through:
- A balanced protection against unwarranted liability. Platforms should be protected from lability when they process an incorrect notice received under Article 14, but also when content is taken down or reinstated after a complaint under Article 17. Furthermore, notices under the DSA’s Article 14 should only give rise to actual knowledge when the illegality of the hosted information is obvious. Service providers should be allowed to process notices according to flexible risk- and context- based assessments.
- A reliable “trusted flaggers” status. The status should strictly be tied to a verified area of expertise, rather than to a person or organization as a whole, thus enabling swift identification of notices to be trusted and prioritized. This would encourage online marketplaces to pursue collaboration with rights owners, as the most relevant experts for intellectual property rights infringements.
- Strong sanctions against abuse of the system. In addition to liability protection, platforms should be able to seek compensation from identified authors of notice abuse. This would help deter mass abuse which would seriously undermine the long-term efficiency of content moderation.
Useful links
The policymaking and adoption summons that fair begin about the marriage proposal be expect to death for one to two year and involve two other european initiation besides the commission, namely the european fantan and the council of the european union. angstrom the argue expand and more stakeholder make their voice hear inch both council and fantan, eBay contribute through vitamin a series of wallpaper dub the “ eBay DSA Series “. while cover the many crucial issue rule in the DSA, the series purpose to retain associate in nursing accessible interpretation format ( no more than three page each ). You can take the exit of the eBay DSA series here :
