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Dutch Competition Authority Issues Guidelines for EU Digital Regulation Compliance

 |  January 23, 2024

The Netherlands’ Authority for Consumers and Markets (ACM) has taken a significant step in facilitating compliance with the European Union’s (EU) Digital Services Act (DSA) by issuing comprehensive guidelines aimed at online platforms. This move comes as the DSA, a set of EU-wide regulations enacted last August, imposes stricter rules on platforms with over 45 million monthly average users in the EU. The guidelines are designed to assist companies, particularly online platforms and service providers, in understanding and meeting their obligations under the DSA.

The ACM, which is poised to be the national enforcer for both the DSA and the Digital Markets Act (DMA), seeks collaboration with online platforms and service providers in finalizing the guidelines. These regulations, part of the EU’s broader efforts to regulate online competition, entail transparency requirements and measures to protect minors online.

Under the DSA, any business offering digital services to Europeans must ultimately comply with the regulations. However, smaller platforms are subject to fewer obligations compared to their larger counterparts. In such cases, the national regulators in the 27 EU member states serve as the primary point of contact, aiding the European Commission in evidence collection.

The draft guidelines published by the ACM provide a roadmap for various businesses, including hosting platforms and online marketplaces, to prepare for DSA compliance. Given the inherent interpretative nature of EU rules, the guidelines aim to clarify potential ambiguities and offer practical insights into achieving compliance.

In a statement, the ACM emphasized the collaborative approach, inviting platforms and service providers to provide valuable feedback on the draft guidelines. This feedback process is crucial for ensuring that the guidelines are robust, effective, and tailored to the diverse landscape of digital services.

The guidelines not only address the regulatory landscape but also acknowledge the dynamic nature of the digital space. By providing businesses with a clear understanding of the DSA requirements, the ACM aims to foster a compliant and competitive online environment while safeguarding user interests.

As the digital landscape continues to evolve, the issuance of these guidelines signifies a proactive approach by the Dutch Competition Authority in assisting businesses to navigate the complexities of EU digital regulations. The ACM’s role as the national enforcer for the DSA and DMA underscores the importance of effective collaboration between regulatory bodies and industry stakeholders in shaping a fair and competitive digital marketplace.

Source: Euro News