Data on the Internet, end of oligopoly

ROVIGO – The new European rules on the use of our data on the Internet have already changed the lives of web users and companies. He explains them to the microphones of Caffè Dec for the Delta Radio column in collaboration with the Rovigo University Consortium of Rovigo Dr. Federico Lubianresearcher in comparative private law at the University of Padua.

“The Digital Service Act Package includes the Regulation on digital services, DSA, and the regulation on digital markets, DMA. A single package that comes from the European legislator and applies to all member states, including Italy. Technically, there was no need for an Italian law to implement these regulations, which have already been effective for about a month. What the legislator aims to do is to increase the level of transparency in the rights and obligations for users and platforms, first and foremost in the general contract conditions. Operators must provide more details on the activities they carry out with regard to their user community. Particular attention emerges on the capabilities of some platforms to access and manage considerable packets of data, as well as to make further use of them through aggregation, the supply to other professional operators and the production of derivative works and investigations, which are crucial for effective interaction on digital markets. The DSA and the DMA aim to “democratize” the market, protect users, with attention to small and medium-sized companies that have an online presence and aim, through it, to improve their business”.

Large groups such as Google and Meta (Facebook) are therefore at the center of attention: “The results of the new legislation will have to be evaluated during its application, so far there has been a lot of adaptation work by the legal departments to implement transparency and regulatory compliance tools. There is certainly a group of giants, large operators with whom we interact on a daily basis such as Meta which unites Facebook, Instagram and Whatsapp and Google, owner of more than 90 percent of the search engine market share as well as an important provider of other online services”.

“Further example of entities subject to these regulations – added Lubian – is Amazon, a type of platform that allows consumers but also companies to buy and sell goods. The DSA requires the traceability of sellers, i.e. that the platform has information to identify who uses these spaces, to protect the buyer and other members of the user community. Obligations relating to the services to be provided to users are also envisaged, such as the complaints and disputes management system”.

The focus then shifted to the so-called Internet data market: “Each of us has our own virtual identity, protected by the GDPR Regulation to the extent that it consists of personal data. This protection does not apply to legal entities, in fact companies do not have their own data that can be protected as personal. In this sense, the DSA and DMA regulations – in conjunction with the Data Act which will become effective in 2025 – would like to allow companies to benefit from rights similar to those of access and portability, but which can also cover more extensive and vital data packages. for an effective presence and activity in digital markets”.

Tags: #Internet #oligopoly

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