NEWS: EuroISPA signs letter to strengthen the fundamental principles of the E-Commerce Directive in new Digital Services Act, along with other industry players

June 2020

Spearheaded by Danish Entrepreneurs, Allied for Startups, and DSA4Startups, and signed by industry players including EuroISPA, the letter highlights that it is the opportune moment to re-examine the role of online platforms in the European economy and society, and to update the 20-year-old E-Commerce Directive through the upcoming review of the Digital Services Act (DSA).

The letter notes that the principles present in the E-Commerce Directive are crucial for the sector, as the directive “enshrines an important balance between the intermediary’s responsibilities and the user’s right to expression and information”. These principles include the limited liability regime, the prohibition of general monitoring obligation, and the country of origin principle. EuroISPA and the other signatories of this letter view that these principles should not be discounted in future discussions on the DSA, as they represent the key tenets of the European platform economy. 

The letter also underlines the need to take into account the growth of the industry in any regulatory changes made to the E-Commerce Directive, and emphasises the need for a multi-stakeholder approach to discussions. As the time for reviewing the DSA approaches, the letter’s signatories request that the new regulation take into account learnings gleaned from the COVID-19 crisis, be nimble and future-focused in its approach, and that it be clear and proportional, in order not to have unintended consequences for smaller actors in the space.

EuroISPA represents over 2,300 ISPs of all sizes across Europe and is an advocate for the needs of the wider internet industry; it is therefore particularly keen to support this, and similar activities. The association is now focusing on the open public consultation on the DSA, which will be crucial to bringing the already strong E-Commerce Directive up to speed with the current economic climate. The association aims to ensure that the industry priorities are highlighted to policymakers, in order to formulate a new balanced legal framework.

Read the letter in full here.