The Law of 5 March 2021 concerning certain modalities for the implementation of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter “Law of 5 March 2021” and “Regulation (EU) 2019/1150”) is emerging and complements the regulation applicable to online platforms.
As a reminder, Regulation (EU) 2019/1150, in force since July 12, 2020, applies in particular to online platforms provided to users in the European Union offering goods or services to consumers in the European Union.
Regarding online platforms, this European Regulation has imposed on suppliers certain obligations concerning in particular the drafting of their general conditions, the restriction, suspension and termination of the provision of the online platform services as well as the access to personal data or other data.
Article 14 of Regulation (EU) 2019/1150 concerns the possibility for representative organizations or associations and for public bodies to seize the competent national jurisdiction in order to stop or prohibit acts contrary to the provisions of this Regulation. This Article also sets out some requirements relating to these organizations, associations and public bodies.
The Law of 5 March 2021 thus completes Article 14 of the Regulation and states in particular that the Minister of the Economy is competent to designate the aforementioned organizations and associations. The terms of this appointment is five years and it is renewable.
Article 4 of the Law of 5 March 2021 governs the prohibitory injunction to be brought by means of a request addressed to the President of the chamber of the Tribunal d’arrondissement sitting in commercial matters, ruling as judge of the merits and being able to pronounce periodic penalty payments.
Finally, it should be noted that a fine of a maximum amount of 1.000.000 euros may be incurred in the event of failure to comply with injunctions or prohibitions issued by a Court decision in accordance with the aforementioned Article.
For further information and/or advice on TMT & IP issues, feel free to contact our team:
- Alain GROSJEAN, Partner email@example.com
- Gabriel BLESER, Partner firstname.lastname@example.org
- Simon MALTERRE, Senior Associate email@example.com
- Elena ARNÒ, Senior Associate firstname.lastname@example.org
- Clémence PATTE, Associate email@example.com
This publication is for general guidance only and does not constitute definitive legal advice.