Abstract

Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services in an innovative manner changes the legal regulations which have been governing the Internet for years. For the first time, the EU legislator decided to introduce a legal act oriented exclusively at professional relations (business-to-business, and in this case platform-to-business, P2B). The aim of the Regulation is to ensure that „business users of online intermediation services should be afforded appropriate transparency, as well as effective redress possibilities”. The Regulation applies to online intermediation services and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through those online intermediation services or online search engines, offer goods or services to consumers located in the Union. The Regulation shall apply to the largest players in the e-commerce market, i.e. both to the most popular online platforms (e.g. Amazon, eBay, Allegro), online shops with applications (e.g. Apple App Store, Google Play, Microsoft Store) and social services (e.g. Facebook or Instagram with respect to business profiles). The Regulation shall not apply, as a matter of principle, to online platforms in the area of so-called sharing economy, i.e. connecting private (not business) users in order to exchange various services (such as e.g. Wimdu czy Blablacar). The Regulation specifies the requirements and duties concerning inter alia: adjustment of the terms for using online intermediation services, changing the terms of using the services, suspension and ending the provision of online intermediation services, placing goods or services or search results, differentiated treatment, internal complaint-handling system and mediation in relations between online intermediation service providers and business users.