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ACM Finds Lack of Compliance with European Digital Laws Among Online Service Providers

10.07.2024 | 🇳🇱 Dutch competition authority

A recent survey by the Netherlands Authority for Consumers and Markets (ACM) reveals that many online service providers are not yet compliant with the Digital Services Act (DSA) and the Platform-to-Business Regulation (P2B), highlighting the need for swift action to meet the requirements.


Many providers of online services are still not in compliance with the Digital Services Act (DSA) and the Platform-to-Business Regulation (P2B), as revealed by a survey conducted by the Netherlands Authority for Consumers and Markets (ACM). The DSA, in effect since February 17, 2024, mandates obligations for online service providers to enhance internet safety, including having proper complaint-handling systems and transparent user account restrictions. The P2B Regulation, effective since 2020, focuses on transparency in general terms, search result rankings, and dispute resolution.

ACM, the regulator-designate for these laws in the Netherlands, is set to enforce them once the Dutch implementation laws are in place. Despite the official enforcement delay, ACM emphasizes the importance of compliance. A sample survey of 50 online service providers found gaps in meeting P2B and DSA requirements, indicating a lack of awareness among businesses. ACM urges providers to familiarize themselves with the rules and ensure compliance promptly.

The survey highlighted issues such as the availability and content of general terms and conditions for online platforms under the P2B Regulation. Concerns include difficulties in finding relevant information like account restrictions, search result rankings, and complaint-handling systems. Regarding the DSA, challenges were identified in establishing proper points of contact, providing content moderation details in terms and conditions, and facilitating the reporting of illegal content by service recipients.

The P2B Regulation targets online platforms and search engines facilitating business-to-consumer transactions, while the DSA covers a broader range of online providers dealing with user-generated content. ACM has issued guidelines for both laws to assist providers, with a focus on aiding small businesses with simplified rules. Businesses and consumers can report non-compliance to ACM, aiding the regulator in effective enforcement once authorized.

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