Digital Services Act
- How to effectively keep users safer online (illegal goods, content services, practices)
Illegal content
Q1 – What actions do online platforms take to minimise risks for consumers to be exposed to scams and other unfair practices (e.g. misleading advertising, exhortation to purchases made to children)?
EACA proposed answer: Online platforms offer brand safety tools to EU-based companies, allowing them to exercise choices in the placement of ads and to ensure better that their ads are not associated with an illegal or inappropriate content.
Q2 – Do you consider these measures appropriate?
EACA proposed answer: The availability of brand safety tools has had a positive effect on the internet as a whole. Both media and the advertising industry are better able to control where their ads are being placed. Such tools can, for example, include trust labels that assess and promote the quality of sites that engage in responsible advertising practices
Transparency
Q3 – To what extent to you agree with the following statements related to online disinformation (1-5 fully agree to fully disagree, don’t know + explain)
- Online platforms can easily be manipulated by foreign governments or other coordinated groups to spread divisive messages => 1. EACA proposed answer: Fully agree.
- To protect freedom of expression online, diverse voices should be heard => 2. EACA proposed answer: Fully agree.
- Disinformation is spread by manipulating algorithmic processes on online platforms => 5. INPUT NEEDED
- Online platforms can be trusted that their internal practices sufficiently guarantee democratic integrity, pluralism, non-discrimination, tolerance, justice, solidarity and gender equality=> 3. EACA proposed answer: Disagree for the reasons explained above.
Explanation: Fully agree: foreign governments that do not allow freedom of expression or information on their territory (e.g. by excluding foreign media or prohibiting access to platforms) can communicate via platforms that reach EU citizens, broadcasting media, interacting with users, forming communities, sponsoring content, etc. d) disagree for the reasons explained above
Q4 – What good practices can you point to in tackling such harmful activities since the outbreak of Covid-19? [referring to disinformation, which is not illegal but harmful].
EACA proposed answer: INPUT NEEDED
EACA to include ICAS information on fast track online complaint handling system
Q5 – Does your organisation access any data or information from online platforms?
- yes, data regularly reported by the platform, as requested by law
- yes, specific data, requested as a competent authority
- yes, through bilateral or special partnerships
- on the basis of a contractual agreement with the platform
- yes, generally available transparency reports
- yes, through generally available APIs
- yes, through web scraping or other independent web data extraction approaches
- yes, because users made use of their right to port personal data
- yes, other. Please specify
Explanation: a) in some countries, such as France, such data might be requested by law
- Clarifying responsibilities for online platforms and other digital services
Q6 – Please rate the necessity of the following measures for addressing the spread of disinformation online (1-5, not at all necessary – essential)
a. Transparently inform consumers about political advertising and sponsored content, in particular during election periods => EACA proposed answer: necessary
b. Provide users with tools to flag disinformation online and establishing transparent procedures for dealing with user complaints => EACA proposed answer: 2. unnecessary;
c. Tackle the use of fake-accounts, fake engagements, bots and inauthentic users behaviour aimed at amplifying false or misleading narratives => EACA proposed answer: Necessary
d. Transparency tools and secure access to platform data for trusted researchers in order to monitor inappropriate behaviour and better understand the impact of disinformation and the policies designed to counter it => EACA proposed answer: 2. unnecessary
e. Transparency tools and secure access to platform data for authorities in order to monitor inappropriate behaviour and better understand the impact of disinformation and the policies designed to counter it => EACA proposed answer: 2. unnecessary
f. Adapted risk assessments and mitigation strategies undertaken by online platforms => EACA proposed answer: 2. unnecessary
g. Ensure effective access and visibility of a variety of authentic and professional journalistic sources => EACA proposed answer: unnecessary
h. Auditing systems for platform actions and risk assessments => EACA proposed answer: 3. fully necessary,
i. Regulatory oversight and auditing competence over platforms’ actions and risk assessments, including on sufficient resources and staff, and responsible examination of metrics and capacities related to fake accounts and their impact on the manipulation and amplification of disinformation. => EACA proposed answer: 2. unnecessary
j. Other, please specify
Explanation: b) flagging disinformation will always require the implement arbitration mechanisms and/or judicial oversight h) this is particularly relevant in the area of brand safety
- What issues derive from the gatekeeper power of digital platforms
Q7 – To what extent do you agree with the following statements (1-5, fully agree to fully disagree or don’t know) [unfortunately there is no possibility to provide an explanation]
a. Consumers have sufficient choices and alternatives to the offerings from online platforms. EACA proposed answer: 3. Disagree given the dominance of platforms on the EU market
b. It is easy for consumers to switch between services provided by online platform companies and use same or similar services provider by other online platform companies (“multi-home”). EACA proposed answer: 3. Disagree
c. It is easy for individuals to port their data in a useful manner to alternative service providers outside of an online platform. EACA proposed answer: 3. Disagree
d. There is sufficient level of interoperability between services of different online platform companies. EACA proposed answer: Disagree
e. There is an asymmetry of information between the knowledge of online platforms about consumers, which enables them to target them with commercial offers, and the knowledge of consumers about market conditions. EACA proposed answer: 2. Agree
f. It is easy for innovative SME online platforms to expand or enter the market. INPUT NEEDED
g. Traditional businesses are increasingly dependent on a limited number of very large online platforms. EACA proposed answer: 3. Agree;
h. There are imbalances in the bargaining power between these online platforms and their business users. EACA proposed answer: Agree
i. Businesses and consumers interacting with these online platforms are often asked to accept unfavourable conditions and clauses in the terms of use/contract with the online platforms. INPUT NEEDED
j. Certain large online platform companies create barriers to entry and expansion in the Single Market (gatekeepers). INPUT NEEDED
k. Large online platforms often leverage their assets from their primary activities (customer base, data, technological solutions, skills, financial capital) to expand into other activities. EACA proposed answer: 3. Agree
l. When large online platform companies expand into such new activities, this often poses a risk of reducing innovation and deterring competition from smaller innovative market operators. INPUT NEEDED
Additional information provided by respondents
a) disagree, given the dominance of platforms on the EU market
d) disagree because each platform has it specific purpose or functions
g) agree: traditional media has lots both ad revenues and audience, which have shifted online. Despite the diversity of actors online and an increase in ad spend, platforms capture the major share of revenues. Any media that wants to be visible nowadays, must be present on platforms – not least to have access on user data.
i) do not know because platforms frequently modify their conditions to take into account new/adapted legislation or consumer/business issues.
3.a Main features of gatekeeper online platform companies and the main criteria for assessing their economic power
Q8 – Which characteristics are relevant in determining the gatekeeper role of large online platform companies? ( from 1 (not relevant) to 5 (very relevant):
a. Large user base EACA proposed answer: Very relevant
b. Wide geographic coverage in the EU INPUT NEEDED
c. They capture a large share of total revenue of the market you are active/of a sector EACA proposed answer: Very relevant
d. Impact on a certain sector EACA proposed answer: 4. Relevant
e. They build on and exploit strong network effects INPUT NEEDED
f. They leverage their assets for entering new areas of activity EACA proposed answer: Relevant
g. They raise barriers to entry for competitors INPUT NEEDED
h. They accumulate valuable and diverse data and information EACA proposed answer: 5. Very relevant
i. There are very few, if any, alternative services available on the market EACA proposed answer: Very relevant.
j. Lock-in of users/consumers INPUT NEEDED
k. Other INPUT NEEDED
EACA question: Are points h) and i) relevant to agencies in the sense that you would like to have better access to data and/or would appreciate more actors on the market (and more ad space accordingly)?
Q9 – Do you believe that the integration of any or all of the following activities within a single company can strengthen the gatekeeper role of large online platform companies (‘conglomerate effect’)? Please select the activities you consider to strengthen the gatekeeper role:
a. online intermediation services (i.e. consumer-facing online platforms such as e-commerce marketplaces, social media, mobile app stores, etc;
b. search engines
c. operating systems for smart devices
d. consumer reviews on large online platforms
e. network and/or data infrastructure/cloud services
f. digital identity services
g. payment services (or other financial services)
h. physical logistics such as product fulfilment services
i. data management platforms
j. online advertising intermediation services
k. other, please specify
EACA proposed answer: a, e, f, g, i and j. Any new activity developed or integrated is likely to strengthen a company’s gatekeeper position.
3.b Emerging issues (platform to business relationship)
These questions revolve around the specific relationship between platforms and their business users. The Commission aims to better understand these relationships (which have only been addressed superficially in the platform to business regulation). If there are any issues of particular concern to agencies, this is our opportunity to highlight them.
Q10 – As a business user of large online platforms, do you encounter issues concerning trading conditions on large online platform companies?
EACA proposed answer: YES. Contractual conditions are non-negotiable and there limited transparency towards businesses or society.
Q11 – Have you been affected by unfair contractual terms or unfair practices of very large online platform companies? Please explain your answer in detail, pointing to the effects on your business, your consumers and possibly other stakeholders in the short, medium and long-term?
EACA proposed answer: NO
Q12 – Are there specific issues and unfair practices you perceive on large online platform companies?
EACA proposed answer: Free and non-negotiable licenses for online press publishers; Google’s decision to block third-party cookies in Chrome could have major competitive impacts for digital businesses, consumer services, and technological innovation.
Q13 – In your view, what practices related to the use and sharing of data in the platforms’ environment are raising particular challenges? INPUT NEEDED.
Q14 – Which are possible positive and negative societal (e.g. on freedom of expression, consumer protection, media plurality) and economic (e.g. on market contestability, innovation) effects, if any, of the gatekeeper role that large online platform companies exercise over whole platform ecosystem? INPUT NEEDED.
Q15 – Which issues specific to the media sector (if any) would, in your view, need to be addressed in light of the gatekeeper role of large online platforms?
EACA proposed answer:
- Improve contractual practices to allow more negotiation and audits, a better distribution of value and to fight against the appropriation of third-party content
- Adapt legislation on dominant positions / critical infrastructure.
3.c Regulation of large online platform companies acting as gatekeepers
We will summarise the questions in this section as they are multiple, but generally ask about whether and how to regulate platforms that act as gatekeepers:
- should there be dedicated rules? EACA proposed answer: No
- should these rules prohibit certain practices that are considered harmful to users (explain what prohibitions)? EACA proposed answer: The fact that authoritarian regimes, as well as non-EU operators (which don’t respect the law and self-regulation in the EU, particularly in the field of advertising and communication) can be advertisers.
- should these rules include obligations (explain what type)? EACA proposed answer: EU operators need to audit online platforms and more guarantees.
- should a specific regulatory authority enforce these rules ? INPUT NEEDED
- where should regulatory oversight of platforms be organised: national level, EU level, both at EU and national level, don’t know? INPUT NEEDED
Q16 – Specifically, what could be effective measures related to data held by very large online platform companies with a gatekeeper role beyond those laid down in the General Data Protection Regulation in order to promote competition and innovation as well as a high standard of personal data protection and consumer welfare? INPUT NEEDED
- Other emerging issues and opportunities, including online advertising and smart contracts
EACA explanation: In this chapter, the Commission lays out the opportunities and challenges of online advertising, i.e. maximising revenue stream by optimising online advertising vs. revenues as an incentive for, e.g. disinformation campaigns. The Commission seeks to better understand the extent of certain types of advertising (programmatic, behavioural, contextual), the degree of transparency around ads (publicly available information about the ad and how is behind it. We focus here on the questions relevant to agencies (all other questions, however, are interesting in order to infer what the Commission’s intentions are).
Q17 – As an advertiser or an agency acting on behalf of the advertiser (if applicable), what types of programmatic advertising do you use to place your ads? What is their relative importance in your ad inventory? (for each of the options, indicate % of ad inventory, % of ad expenditure) [EACA: can media agencies help with data?]
a. Intermediated programmatic advertising though real-time bidding
b. Private marketplace auctions
c. Programmatic advertising with guaranteed impressions (non-auction based)
d. Behavioural advertising (micro-targeting)
e. Contextual advertising
f. Other
EACA proposed answer: a, b, c.
Q18 – As an advertiser or an agency acting on behalf of the advertiser (if applicable), what type of information do you have about the ads placed online on your behalf? EACA proposed answer: A detailed reporting imposed by law (loi Macron/ décret Sapin)
Q19 – To what extent do you find the quality and reliability of this information satisfactory for your purposes? (on a scale from 1 to 5)
EACA proposed answer: 4
Q20 – Based on your experience, what actions and good practices can tackle the placement of ads next to illegal content or goods, and/or on websites that disseminate such illegal content or goods, and to remove such illegal content or goods when detected?
EACA proposed answer: Self-regulation, labels including safety brand, fair agreements, etc.
Q21 – From your perspective, what measures would lead to meaningful transparency in the ad placement process?
EACA proposed answer: Safety brand and laws like la loi Sapin en France.
Q22 – What information about online ads should be made publicly available?
EACA proposed answer: Public awareness or education about online activities should be increased. For example, there is no such thing as “free content”, online advertising and disinformation should be clearly distinguished. People should understand that advertising is a fundamental freedom of expression, freedom of business / commerce. It also allows the production of pluralistic content in a democratic society.
Q23 – Based on your expertise, which effective and proportionate auditing systems could bring meaningful accountability in the ad placement system? INPUT NEEDED
Q24 – What is, from your perspective, a functional definition of ‘political advertising’? Are you aware of any specific obligations attached to ‘political advertising’ at national level ?
EACA proposed answer: The advertising industry is currently working on a definition of disinformation. Content sponsored by a political group, by an NGO, by a candidate in an election. Legitimate communication from state services in the EU should be excluded. However, if we all have an idea of what is political advertising, it is very difficult to make a precise definition and, for a platform, to have to apprehend it (arbitrarily) including with AI.
Q25 – What information disclosure would meaningfully inform consumers in relation to political advertising? Are there other transparency standards and actions needed, in your opinion, for an accountable use of political advertising and political messaging? INPUT NEEDED
Q26 – What impact would have, in your view, enhanced transparency and accountability in the online advertising value chain, on the gatekeeper power of major online platforms and other potential consequences such as media pluralism?
EACA proposed answer: The danger would rather be to prevent actors in the EU (economic operators, administrations, NGOs, etc.) from communicating on platforms in the name of any kind of protection, leaving other actors, outside the EU, communicate with users in the EU.
Q27 – Are there other emerging issues in the space of online advertising you would like to flag? INPUT NEEDED