Law of 5 March 2021 on certain procedures for implementing Regulation (EU) No 2019/1150 of the European Parliament and of the Council of 20 June 2019 promoting fairness and transparency for business users of intermediation services platform (hereinafter “Law of March 5, 2021” and “Regulation (EU) No. 2019/1150”) is emerging and thus completes the regulations applicable to online platforms.
As a reminder, Regulation (EU) No 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 who are in the European Union.
Concerning online platforms, this European regulation has imposed certain obligations on suppliers, in particular concerning the drafting of their general conditions, the restriction, suspension and termination of the supply of online platform services as well as access personal data or other data.
Article 14 of Regulation (EU) No 2019/1150 concerns the possibility for representative organizations or associations and for public bodies to seize the competent national courts in order to put an end to or prohibit acts contrary to the provisions of this same regulation. This article also sets out certain requirements relating to these organisations, associations and public bodies.
The law of March 5, 2021 thus supplements the aforementioned article of the regulation and states in particular that the Minister of the Economy is competent to designate the aforementioned organizations and associations. The duration of this designation is five years and it is renewable.
Article 4 of the law of March 5, 2021 governs the action for injunction to be brought by means of a request addressed to the President of the chamber of the District Court sitting in commercial matters ruling as judge of the merits and may impose penalties.
Finally, it should be noted that a fine of a maximum amount of 1,000,000 euros may be incurred in the event of breach of the injunctions or prohibitions pronounced by a court decision in accordance with the aforementioned article.
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This publication is for guidance only and does not constitute definitive legal advice.