As reported by Financial Times, who was able to consult the draft Digital Services Act currently being drafted by the European Commission, this bill is as ambitious as it is strict with regard to the tech giants. Renewing a legal framework dated 2000, the new text expected by the end of the year consists of ” 30 paragraphs of obligations and prohibitions », Writes the American newspaper. The ” Big Tech Could not escape it.
Mandatory data sharing
What does the draft offer? First, companies like Amazon and Google couldn’t “ not use the data collected on their platform […] for their own business activities […] unless they [les rendent] accessible to professional users active in the same commercial activities “. In other words, data should be shared between all market players, and therefore no longer be the privilege of a few.
The aim of such regulation is to put the tech giants on an equal footing with their competitors who are forced to use their services, whose data is then exploited by the former to maintain their dominant position.
In a similar vein, the bill suggests that tech giants can no longer benefit their own services on their platforms to the detriment of those of their rivals. These companies could be banned outright from preinstalling their own apps. To take a concrete example, Apple could no longer immediately provide Apple Music or Apple TV + on its iPhones, given that there are competing services.
The power to uninstall
According to the document, Apple, Microsoft or Google would therefore no longer have the right to provide its applications on its devices to give consumers the choice, or indeed to force a third-party manufacturer to install their applications. Another solution would be, according to Brussels, for these companies to leave their customers the possibility of uninstalling the apps preinstalled on their smartphones and laptops.
If the EU seems a priori to want to clean up the markets for digital services, the establishment of such frameworks seems complex. This is obviously what the teams at Google think. In a note about the Digital Services Act cited by the Financial Times, the California-based company proposes that the existing rules be modernized rather than ” proceed to review new, distinct regulatory frameworks “. Google added that the regulatory authorities should not rush to qualify certain companies as ” guardians of competition “. ” In some sectors, the platform may have market power; in others, she may be a new entrant or a marginal player. The digital ecosystem is extremely diverse and rapidly changing, and it would be unwise to appoint gatekeepers “.
Numerous antitrust investigations opened
But antitrust cases are piling up. The European Commission has launched several surveys against these American companies specializing in Tech and their business practices. Margrethe Vestager, Vice-President of the European Commission has become the figurehead of this showdown against the “Big Tech”. An ambition shared by MEPs in Strasbourg. On the other side of the Atlantic, the American authorities have also opened files, which could from next week and in an unprecedented way lead to a trial, in particular against Google for abuse of a dominant position.
Source : Financial Times