June 2, 2020
The Imaging Consumables Coalition of Europe, Middle East and Africa (ICCE), a trade body representing the imaging supplies industry, announced its position on the upcoming Digital Services Act (DSA) before the European Commission officially launches the formal consultation process.
The future DSA is likely to revise aspects of the E-Commerce Directive (Directive 2000/31/EC), introduced 20 years ago, which established a limited liability regime for online intermediaries. According to the regime, online intermediaries receive the benefit of a defence if their services are used by customers to display illegal content or sell illegal products, such as counterfeit goods, provided the intermediary concerned takes action to remove the illegality once reported to it.
ICCE said that the careful balance struck in the E-Commerce Directive has in recent years, though, been eroding as new online intermediaries have in some cases neglected in their duty to remove illegal content or products from their sites expeditiously.
According to ICCE, under the current regime the cost and burden of identifying illegalities typically falls on the rights holders, not on the online intermediaries who continue receiving revenue from customers whether a customer concerned is involved in lawful or illegal activities.
ICCE said it welcomes the opportunity for the European Commission to review the current e-commerce regime and hopes to see the DSA place greater responsibility on online intermediaries who have the technical ability to oversee how their services are used by their customers. ICCE believes that the introduction of a “know your customer” obligation on online intermediaries would be one step to help stamp out online selling of counterfeit printer supplies in the EU. ICCE would also encourage more transparent company notice and takedown procedures.
ICCE added it stands ready to engage constructively with EU institutions and all relevant stakeholders to devise solutions which are both proportionate and practical to address the problems we face.
For further information, please see the ICCE Position document https://icce.net/icce-position-paper-on-the-digital-services-act/.
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