More and more frequently, access to broadcasting and telemedia content is gained using technically complex user interfaces. Offers for smart homes and smart TVs are taking up more and more space in people's everyday lives. The sheer amount of content to choose from, combined with viewers' limited attention span, mean that user interfaces often act as gatekeepers in terms of the availability of (and ability to find) content. As such, they can have a significant impact on diversity of opinion and media pluralism. The legislator's goal, therefore, is to promote transparency, fairness and to provide a mechanism for complaints in this area.
The German Act against Restraints of Competition Digitalisation Act (GWB-Digitalisierunggesetz), the P2B Regulation and the German State Media Treaty (MStV) impose various regulations on user interface providers, with thresholds varying based on the size and influence of the service. In addition to the newly created notification and duty of care requirements, companies may be prohibited from using pre-installed software, and requirements to create interoperability will arise. Under the German State Media Treaty (MStV), user interfaces are also subject to extensive non-discrimination rules and transparency requirements, especially with regard to finding content on the interface (decision-making systems, rankings, sorting, etc.). Further requirements will follow as the Digital Services Act (DSA) and Digital Markets Act (DMA) take effect.
Questions that may arise in the context of the new digital regulations for user interface providers include:
- What companies fall within the scope of the regulations?
- How can a user interface provider achieve compliance in terms of transparency and fairness under the new requirements?
- Who will be affected by the new journalistic editorial duties of care?
- Who is subject to (subsequent) notification requirements?
- What should be taken into account and, if necessary, disclosed when presenting a ranking and the main parameters of an algorithm as a decision-making system?
- What complaint management systems should be in place?
- Who will be affected by the restrictions set out in the new German Act against Restraints of Competition Digitalisation Act (GWB-Digitalisierungsgesetz)?
- What other requirements will user interface providers face in the future?
- What business models will be affected?
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