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9 Athens J.L. 33 (2023)
Digital Markets Act (DMA) and Digital Services Act (DSA): New Rules for the EU Digital Environment

handle is hein.journals/atnsj9 and id is 33 raw text is: 



      Athens Journal of Law - Volume 9, Issue 1, January 2023 - Pages 33-58


  Digital Markets Act (DMA) and Digital Services

        Act   (DSA): New Rules for the EU Digital

                             Environment


                      By  Maria   Luisa   Chiarella*

     The Regulation (EU) 2022/1925 of the European  Parliament and of the
     Council of 14 September 2022 on contestable and fair markets in the digital
     sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (known
     as DMA - Digital Market Act) sets clear rules for large online platforms. It
     aims to ensure that no large online platform that is in a gatekeeper position
     - to many users - abuses that position to the detriment of businesses wishing to
     access those users. The most innovative elements are the introduction of the
     legal figure of the gatekeeper and the provision of specific duties imposed
     on the same. The Regulation (EU) 2022/2065 of the European Parliament and
     of the Council of 19 October 2022 on a Single Market For Digital Services
     and amending Directive 2000/31/EC (known as DSA Digital Services Act)
     introduces a common   set of rules on intermediaries' obligations and
     accountability across the single market, aiming to ensure a high level of
     protection to all users. This paper aims to analyse the new provisions
     introduced by the Digital Service Package in the framework of market
     regulation policies.

     Keywords: Digital markets; Intermediary service; Online platforms; Online
     search engines; Market regulation; EU policies Ombudsman; Constitutional
     Institution; Unwillingness of Bureaucrats


Introduction

     Since the adoption of Directive 2000/31/EC (the e-Commerce   Directive),
epochal changes  have  occurred that have transformed  society and the market,
giving rise to a digital revolution1. New and innovative digital services have
emerged,  changing  our  daily lives, shaping how  we  communicate,   connect,
consume   goods, and  do business2. This transformation is defined as the new
digital revolution, which is as fundamental  as  that caused by  the industrial
revolution. At the same time, the use of digital services has also become the source
of new risks and challenges, both for society as a whole and for individuals. This
situation has been exacerbated by the pandemic emergency which has dramatically
increased the use of online bargaining  and the use of  digital services. In the
meantime,   digitalisation has become  one   of the  pillars of post-pandemic


*Associate Professor of Private Law, Magna Grwcia University, Catanzaro, Italy.
Email: inichiarella@uniczit
'Dgbrowski & Suska (2022).
2Quarta & Smorto (2020) at XI et seq.


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