Dutch consumer regulator publishes P2B Regulation guidance

The 2020 P2B Regulation contains European rules for a fair and transparent online market where platforms behave responsibly. The ACM guidelines for the P2B Regulation (34 pages / 733KB PDF), which were expanded after a public consultation, include an explanation of the transparency rules regarding the ranking of search results, as well as the rules for changing general terms and conditions and internal complaints-handling procedures.

Online platforms are subject to the P2B Regulation if business users on the platform are based in the EU; if business users offer goods or services on the platform to consumers based in the EU, if the platform facilitates a direct transaction between a consumer and a business user; and if the platform concludes a contract with the business users operating on the platform.

Nienke Kingma of Pinsent Masons welcomed ACM’s new guidelines. “Businesses that are active in the digital economy know that increased regulation is on its way. What they need is clarity and certainty about the compliance expectations of legislators and regulators. These new guidelines are a very helpful compliance tool, particularly for major tech firms with online platforms or search engines.”

The guidelines come as the Dutch House of Representatives considers a Bill to designate ACM as the authority charged with enforcement of the P2B Regulation and the EU Digital Markets Act (DMA) in the Netherlands. If the Bill is passed, reports of possible violations of the DMA can then be filed with ACM, which can then launch investigations – either on its own or together with the European Commission.

ACM said it was also readying itself for the implementation of a number of other EU laws aimed at strengthening oversight of the digital economy, including the Digital Services Act, the Data Governance Act, the Data Act, and the Artificial Intelligence Act. As part of the Digital Regulation Cooperation Platform (SDT), ACM and other Dutch national regulators involved will help enforce compliance with these acts in the Netherlands.

Gijs van Mansfeld of Pinsent Masons said: “With the myriad of competencies and obligations being attributed to the ACM in the past and near future, the regulator will become an even more important authority in the areas of tech and digital markets. This not only leads companies in tech to update their user-facing legal documentation, but also to create internal policy documentation on how to deal with potential investigative and enforcement actions, to prevent these and be well prepared should they become the target of such.”