欧洲议会-数字服务法（英文）-2020.10-328页_3mb

Digital Services Act: European Added Value Assessment Summary

Core Content

This document presents a European Added Value Assessment (EAVA) of a potential Digital Services Act (DSA), focusing on the need to modernize the EU's legal framework for digital services. The EAVA is part of the European Parliament's legislative own-initiative reports (INL) and aims to evaluate the benefits of EU-wide action compared to fragmented national approaches.

Main Gaps and Risks Identified

The current legal framework, primarily the e-Commerce Directive (ECD), has several gaps and risks that affect the provision of digital services in the EU, including:

• Fragmentation of national regulation
• Weak enforcement and cooperation between Member States
• Differing rules on consumer and business protection
• Market entry barriers
• Inconsistent application of fundamental rights and freedoms

Policy Packages and Actions

The assessment clusters identified gaps and policy solutions into four policy packages:

1. Enhanced Consumer Protection and Common E-Commerce Rules

• Fair and transparent contract terms for business partners and consumers
• Reinforced minimum information requirements for commercial communications
• Increased transparency of commercial communications
• Extension of the ECD to service providers from non-EU countries
• Limitations on intrusiveness of advertising

2. Framework for Content Management and Curation

• Clear and standardised notice-and-action procedures for illegal and harmful content
• Enhanced transparency on content curation and reporting obligations for platforms
• Out-of-court dispute settlement for content management

3. Regulation for Fair Competition in Online Platform Ecosystems

• New horizontal rules in the Platform to Business Regulation (P2B) for all digital platforms
• Creation of a specialised body for oversight of systemic platforms
• Specific ex ante rules for systemic platforms to ban or restrict unfair business practices

4. Cross-Cutting Policies for Enforcement and Clarity

• Clarification of key definitions
• Clarification of liability exemptions for online intermediaries
• Establishment of transparency and explainability standards for algorithms
• Measures to ensure enforcement

Quantitative Assessment

The EAVA includes a quantitative analysis using the E3ME macro-economic model. It estimates that the combined effect of policy packages 1 and 2 could lead to an increase in EU GDP of €76 billion between 2020 and 2030. This represents a minimum boundary for economic impacts and does not account for qualitative benefits such as consumer trust and fundamental rights protection.

Qualitative Assessment

Qualitatively, the assessment highlights the following benefits of EU action:

• Effectiveness and sustainability: Reducing fragmentation, increasing public trust, and creating economies of scale
• Innovation: Encouraging investment and innovation through clearer and more distinct regulations
• Political feasibility: Consensus on the need for regulation, though the extent of EU action is a point of discussion
• Subsidiarity and proportionality: Given the cross-border nature of digital services, EU-level regulation is more appropriate than national-level measures

Why EU Action is Necessary

The current legal framework, while foundational, is outdated and inadequate to address modern challenges in the digital market. The need for EU action is supported by various stakeholders, including the private and public sectors, consumer organizations, and fundamental rights groups. The coronavirus pandemic has further underscored both the opportunities and challenges of e-commerce, particularly in terms of consumer protection and trust.

Conclusion

The EAVA concludes that implementing a Digital Services Act at the EU level would provide significant added value in terms of both economic and qualitative benefits. The study supports the European Parliament's legislative reports and emphasizes the importance of harmonizing regulations across the EU to ensure a level playing field, foster innovation, and protect fundamental rights.

Key Authors and Supporting Documents

• Authors: Niombo Lomba and Tatjana Evas
• Institution: European Parliamentary Research Service (EPRS)
• Annexes:
  • Annex I: Quantitative assessment by Carlota Tarin, Juan Pablo Villar, and Julio Blázquez Soria
  • Annex II: Legal assessment by Prof. Gerald Spindler
  • Annex III: Legal and economic analysis by Prof. Jan Bernd Nordemann and colleagues

Methodology and Limitations

• Methodology:
  • Qualitative: Focus on effectiveness, innovation, legal coherence, and consumer rights
  • Quantitative: Based on macro-economic models and cost-benefit analysis
• Limitations:
  • Macro-economic models are based on assumptions and limited data
  • Qualitative benefits are not monetized
  • Long-term effects of the pandemic are uncertain

References and Data

• Eurobarometer data indicates a growing trend in e-commerce usage across the EU
• Eurostat data shows the increasing role of e-commerce in retail trade
• Legal and economic studies support the need for a unified regulatory approach

Summary of Economic Impact

Final Note

The EAVA underscores that EU-level action on digital services is necessary to enhance the functioning of the single market, protect consumers and fundamental rights, and ensure fair competition. It recommends a harmonized approach to digital regulation across the EU to achieve these goals.