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To help achieve this goal, the revision of the E-Commerce Directive is amust so that platforms take responsibility

and liability for the role they exert beyond being an intermediation service. Necessary measures in the public

interest to be taken at national / local level should be managed by authorities to bring quick solutions through a

multistakeholder approach. HOTRECwill continue playing a pro-active role in the efforts to achieve a sustainable

and responsible ‘collaborative’ economy and will be available for any exchange also in the period 2019-2024.

2 - BETTER REGULATION - A new thinking on subsidiarity and exerting EU competences is needed

5 years ago, the newly appointed Juncker Commission promised to be ‘big on big

things and small on small things’. Some concrete results were achieved through the

REFIT programme and a shorter but more focused legislative agenda. Nevertheless,

it is still not rare to see EU legislative proposals being made for which the ‘European’

added value is not evident. This is not helping the European project and also

affects local businesses who are confronted with new one-size-fits all regulatory

requirements, hindering also innovation.

A Better Regulation agenda is therefore needed. It shall include a new thinking on subsidiarity and on how

EU legislative competences are exerted to ensure that EU action primarily focuses on cross-border issues.

The sectoral impact of horizontal legislation shall also be better taken into consideration and derogations be

granted whenever a negative impact on local businesses which do not operate cross-border is identified. EU

regulatory action should be reserved to tackle large cross-border problems.

3 - DIGITAL - revise the EU regulatory framework to recognise platforms’ liabilities and ensure a fairer

and more balanced digital single market

Online platforms are playing an increasing role in the economy, with a value of the

e-commerce market which reached 500 billion EUR already in 2016. Platforms’

influence, role and thus responsibility have augmented enormously over the past

years. Old regulations still in force, like the E-Commerce Directive dating from 2000,

may not offer the proper responses to today’s challenges, and new situations.

Therefore, it is of crucial importance to review legislation in the light of the new

market conditions and therefore enforce online platforms’ liability on the markets

according to their actual influence and role.

A better balance and constant monitoring of the developments around online platforms is necessary, in order

to adapt to changing circumstances and to safeguard all businesses’, as well as citizens’ interests. With

this goal in mind, HOTREC calls on the EU institutions to take action by launching the necessary review of

the E-Commerce Directive to help further rebalance the market between the dominant online platforms and

the millions of, especially small and micro-enterprises, in Europe, in order to provide for proper protection

against unfair practices. HOTREC considers that the EU framework must be continuously adapted to market

developments and properly implemented in order to take account of online platforms‘ liability under the

changing market circumstances. Fairness in the platform economy is essential for businesses to put sufficient

resources also, inter alia, into their own innovation.


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