Operators of digital marketplaces must prepare themselves to make comprehensive changes to bring their offers into line with the digital legal framework. Operators have strict duties, which have been expanded by the Platform-to-Business Ordinance (P2B Regulation) and the German Act against Restraints on Competition Digitalisation Act (GWB-Digitalisierungsgesetz), among other legislation. In July 2022, the EU Parliament also approved the Digital Markets Act (DMA) and the Digital Services Act (DSA). Both impose numerous duties on online platforms and other service providers from the digital sector and require legal action.
Innovative digital e-commerce platforms, which are significantly shaping both the B2B and B2C markets, are replacing classic marketing concepts in many industries. These particularly convenient and dynamically designed platforms, web shops and apps quickly reach powerful positions in the market. The operators of these marketplaces came under particular legislative scrutiny in the context of the digital regulations. The aim of the regulations is to set limits on large suppliers' influence on consumers and to ensure fair competition between companies active in the marketplaces. This goes hand in hand with extensive requirements for the operators of these marketplaces. These include transparency requirements, the collection and verification of certain data from providers and the reporting of suspicions of serious criminal offences.
Questions that may be raised by the digital regulations for marketplaces include:
- What companies fall within the scope of the regulations? What business models are affected?
- How can a market place achieve compliance in terms of transparency and fairness?
- What are the requirements for consumers and competitors?
- Who is liable for illegal content on marketplaces?
- What should be taken into account and, if necessary, disclosed when presenting a ranking and using an algorithm as a decision-making system, bot postings and advertising postings?
- What complaint management systems should be in place?
- What are the legal consequences in the event of a breach of the requirements?
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