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Digital Services Act package

Digital Services Act package

​​​​​​- ESBG responds to EU Commission consultation, stands ready to further engage on strategic issues 

​​- Says need exists to ensure level playing field with online platforms holding gatekeeper role

>> Read consultation response


BRUSSELS, 8 September 2020 – The European Commission should ensure a level playing field with dedicated regulatory rules aimed at addressing online platforms that hold a gatekeeper role. 

Outlined in an ESBG response submitted today to the European Commission consultation on the Digital Services Act Package, the association representing some 900 savings and retail banks in Europe identifies a need for a clearly and predetermined list of prohibited practices to promote timely enforcement of practices. Those practices aim at limiting the gatekeeper role of platforms and send quick signals to the market, with a deterrent effect on some bad practices. 

Ex ante tools ensure fair trading online

Additionally, such ex ante regulatory tools would ensure open and fair trading online, especially where unfair trading practices may be market-distorting or entrench economic power of the large online platform. However, provided that a gatekeeping role can arise from multiple combinations of factors, future regulatory interventions against large online platforms should ensure competent authorities have enough discretion to adopt case-by-case decisions.

ESBG welcomes Commission initiative

The Commission initiative to implement new and revised rules to deepen the Internal Market for Digital Service can expand and harmonise responsibilities of online platforms and information service providers and reinforce the oversight over platforms’ content policies in the European Union. 

Measures that achieve proper balance between boost competition, innovation, while ensuring data protection, consumer welfare

On data held by large online platforms, ESBG advocates for the introduction of obligations to allow access to non-personal data to third parties as well as to offer automated portability of data to third parties. Additionally, ESBG posits that the Commission should establish so-called Chinese walls to prohibit infra-group sharing of data.

The ESBG response suggests to implement ex post enforcement measures that depend on the ability of platforms to be transparent and explain the logic behind decisions taken by algorithmic systems. Such measures should focus on the concrete cases when suspected , denounced, or identified breach of law surfaces. 

ESBG and its member banks stand ready to further engage with the Commission on these strategic issues in the weeks and months to come.

Digitalisation; European Institutions; Innovation Hub; Innovation