What is successful is to be regulated.
The global mega-success of digital platforms that connect people and businesses and generate significant value is putting legislators on notice. This is often met with actionism and over-regulation. Aitava guides you safely through the regulatory thicket and brings product and law to a common denominator.
Regulatory thicket
Digital Markets Act
The Digital Markets Act (DMA) aims to promote competition in the European digital market. It imposes certain obligations on so-called “gatekeepers” – such as online intermediary services or online search engines – that have a certain degree of market power. The DMA includes regulations to ensure interoperability, transparency and non-discrimination in order to facilitate access for smaller market players.
Digital Services Act
The Digital Services Act (DSA) aims to modernize the legal environment for digital service providers in the European Union. The DSA includes provisions for online platforms with an intermediary function to increase accountability for illegal content and harmful activities on their platforms. The DSA significantly increases due diligence, reporting and procedural requirements for digital companies. Anyone operating an online platform already has to deal with the requirements of the Digital Services Act.
Data Act
The planned Data Act has the potential to fundamentally change the legal framework of the data economy. First of all, far-reaching real-time access rights to data are to be created – this not only threatens a leakage of secrets. It also imposes significant obligations on providers and manufacturers that are difficult to reconcile with the GDPR. The Data Act also provides for the requirement of a data license: Anyone who wants to use certain non-personal data needs the consent of the respective user.
Data protection laws
In practice, the GDPR, which has been in force since May 2018, has proven to be an obstacle to innovation in many areas. The requirement for data economy and the economic use of user data can only be reconciled to a limited extent. For some business models, however, data protection also offers the opportunity for differentiation. Aitava combines technical with legal expertise to develop data-saving and efficient solutions.
Act on the Copyright Liability of Online Content Sharing Service Providers
The German Act on the Copyright Liability of Online Content Sharing Service Providers (Urheberrechts-Diensteanbieter-Gesetz) leads to an extended responsibility for online platforms with UGC (user-generated content). The most noticeable regulation is the obligation to introduce upload filters, which is intended to enforce copyright on online platforms. Aitava provides targeted support for evaluation and implementation.
10th Amendment to the German Competition Act
The 10th Amendment to the German Competition Act (10. GWB-Novelle) is intended to create a “digital regulatory framework.” The 2021 amendment is intended to strengthen competition with new and far-reaching abuse provisions and is aimed at “companies with outstanding cross-market significance for competition.” The legislation is thus aimed in particular at Alphabet, Meta and Amazon.
Platform-to-Business Regulation
With the P2B Regulation, the EU aims to strengthen the rights of merchants on marketplaces such as Amazon and eBay, app stores or booking portals. The P2B Regulation imposes extensive information obligations on platforms, including clear and understandable terms and conditions as well as information on ranking criteria and sanction measures. The P2B Regulation poses challenges for platforms and merchants alike.
… and many more.
The extensive regulatory requirements can no longer be captured in general terms and conditions and documentation alone. Translators are needed to merge product and legal requirements. Aitava supports the implementation of platform compliance by advising on product design, contract drafting and strategic course setting.
We fight for free digital markets.
With many new prohibition laws, the EU wants the digital single market. Often, it achieves exactly the opposite. Overregulation comes at the expense of sustainable and modern business models. Aitava fights for innovation. We support with top-class legal, economic and technical expertise.
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