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Google calls for a ‘more responsible, innovative and helpful internet in Europe’

The company called for a balanced regulatory framework in its response to the Digital Services Act consultation.

The EC’s consultation draws to a close: The European Commission’s consultation on the forthcoming Digital Services Act (DSA) ends on 8 September 2020, with a view to have a draft proposal in place by the end of 2020. On 3 September 2020, Google published its response to the consultation, in which it is calling for a ‘balanced regulatory framework’ built around three key areas.

Where should the focus be? Google calls for a ‘more responsible’ internet, with clearer rules for notifying platforms of illegal content while protecting fundamental rights of expression and access to information; a ‘more innovative’ internet, enabling Europeans to innovate and export creativity around the world; and a ‘more helpful’ internet, where competition regulation supports product innovation growth, and helps people manage their own data.

Ex-ante rules should not stifle innovation: Perhaps the most interesting part of Google’s response is on the identification of ‘gatekeeper power’, which should be based on clear definitions and supported by evidence, and should not discriminate against particular business models or technologies. Google warns against a blanket approach which would have unintended consequences for users and businesses, and notes that any ex-ante rules should retain incentives to innovate and invest.