While the lead software developer advocate welcomes the Commission’s attempts, they note wariness toward drastic policy-making that affects the global economy.
Brussels, December 15th, 2020 — Today, the European Commission has presented a legislative package containing two critical proposals, the Digital Services Act (DSA) and Digital Markets Act (DMA).
The DSA sets out the liability regime for digital intermediaries going forward, including due diligence obligations, and stricter rules for companies over 45 million active users in the EU. This tighter regime will include rules on transparency, require yearly audits, the appointment of a compliance officer, and more. Fines for non-compliance can be up to 6% of global revenue. The Digital Markets Act features similar restrictions for “digital gatekeepers,” restructures data processor business relationships, and includes fines of up to 10% of annual global revenue.
Developers Alliance Statements On DSA
“The Digital Services Act represents an opportunity to establish an EU harmonized liability regime of online intermediaries. We welcome the Commission’s proposal and will further provide input to EU legislators so that the best solutions for preserving the open Internet, and the businesses it supports, are enacted,” stated Director of EU Policy and Head of Brussels Office, Karina Stan.
“The biggest players in the internet rely on some of the smallest to make their products valuable, just as much as the smallest need the biggest to reach scale,” added Bruce Gustafson, President and CEO of the Developers Alliance. “Our message to the commission is to tread lightly and focus on the smallest corrections possible to achieve your vision. The DSA seems to broadly reflect this approach and builds some scaffolding for future refinement.”
Developers Alliance Statements On DMA
“The political decision for the approach proposed in the Digital Markets Act – planning the EU digital economy, is confounding,” Karina Stan continues. “There is no clear indication of the outcome, only the hope that this will compensate for the lack of EU’s technological competitiveness. We are concerned by the potential impact on software developers that benefit from platform ecosystems – dynamic business environments driving innovation, which now risk to be shattered by impulsive policymaking.”
“Unlike the DSA, the DMA is a wrecking ball that no-one should be permitted to wield. With this proposal, the Commission is on the brink of triggering a digital dark age in the EU,” said Bruce Gustafson. “By banning today’s successful digital companies and salting the earth where European champions might have grown, this regulation makes clear that tomorrow’s internet will be born elsewhere – and that bright minds will need to leave Europe if they want to help build it.”
The announcement and full text of the package can be found here.
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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.
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