In their submission, the Developers Alliance calls for a clear and harmonized framework across Europe and warns of a dangerous, chilling effect on European innovation due to hasty regulatory action.
BRUSSELS, September 9th, 2020 – The Developers Alliance, the world’s leading advocate for software developers, representing a global network of more than 70,000 developers, has delivered its submission to the European Commission consultation on the Digital Services Act.
In the submission, the Alliance details the need for a framework that is transparent, clear, and harmonious with existing regulations, as well as industry best practices. They warn that if the regulation strays too far from these points, the Commission will be in danger of instituting a chilling effect on European innovation.
The Alliance submission also stresses the importance of maintaining internet openness, and to clearly define legal obligations, in any revision of the liability regime. It notes the bounds of what even large internet companies can do: they should not be expected to “solve deep-rooted societal problems” or be able to create miracle fixes with technology.
On the ex-ante regulation, the Developers Alliance points to the importance of factoring in the wider context of EU regulation. As well as competition policy’s role of being better suited to tackling specific issues. The submission declares that urgent regulatory intervention would be premature before evaluating the effects of the P2B Regulation. The potential knock-on effects of ex-ante regulation on small businesses and start-ups are also detailed.
“The stakes are high for the future of software development in the EU. It is essential to correctly identify the problems and the appropriate solutions,” said Karina Stan, Director of EU Policy and Head of Brussels Office. “A new tool in the competition enforcement toolbox is more suitable for case-by-case ex-ante scrutiny than a rigid approach through ex-ante regulation, which risks setting a Procrustean bed for European digital markets.“
“It’s no surprise that regulators always think more regulation is the answer. The focus for competition law must be on consumer benefit and market behavior. Lumping those that are winning in with those that are cheating only adds a regulatory tax that consumers and industry both must pay. If regulators can’t separate cheaters from winners, then they need better tools, not new rules,” stated Developers Alliance CEO & President, Bruce Gustafson. He then concluded “Everyone in the digital economy is committed to using their skills to build a better world. We just ask that regulators work with us to make our combined efforts more effective, rather than adding penalties for trying to help.”
Finally, the Alliance points out that a Digital Single Market is yet to be achieved in Europe. Fragmentation and lack of coordination have been endemic in efforts to date, standing in the way of EU harmonization.
###
About The Developers Alliance
The Developers Alliance is the world’s leading advocate for software developers and the companies invested in their success. Alliance members include industry leaders in consumer, enterprise, industrial, and emerging software development, and a global network of more than 70,000 developers.
Press Contact
Dakota Graves
Communications Manager
dakota@developersalliance.org
