Digital Markets Act and Digital Services Act, their impact on the tourism sector by Silvia Feliu - PRE-PRINT of International Journal of Tourism, Travel and Hospitality Law

The Digital Markets Act was approved as Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) , on 4 October 12, 2022. While the Digital Services Act was approved on October 19, 2022, as Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) . 5 Together they form a single set of new rules that will be applicable across the whole EU to create a safer and more open digital space. Digital services include a large category of online services, from simple websites to internet infrastructure services and online platforms. As we can imagine, it is a legislative reform that especially affects the field of tourist services. For example, online marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms, such as Airbnb, Vrbo, Booking, Expedia or Tripadvisor. The new legislation has two main goals: 1. to create a safer digital space in which the fundamental rights of all users of digital services are protected; 2. to establish a level playing field to foster innovation, growth, and competitiveness, both in the European Single Market and globally. Digital Markets Act and Digital Services Act form a single set of new rules, but it should be noted that they coexist with consistency with existing policy provisions in the policy area. Specifically, the new legal framework regulating digital services is underpinned, first and foremost, by the Directive on electronic commerce. Furhermore regulations complements existing sector-specific legislation and does not affect the application of existing EU laws regulating certain aspects of the provision of information society services, which apply as lex specialis. 2. - DIGITAL SERVICE ACT 1. Context There is no doubt that since the adoption of the Directive on electronic commerce new and innovative information society (digital) services have emerged, changing the daily lives of Union citizens and shaping and transforming how they communicate, connect, consume and do business. The tourism and hospitality sector is one of those that has been hugely transformed, especially carriage of passengers and accommodation services. In this context it was necessary to update the horizontal rules that define the responsibilities and obligations of providers of digital services, and online platforms in particular to ensure the best conditions for the provision of innovative digital services in the internal market, to contribute to online safety and the protection of fundamental rights, and to set a robust and durable governance structure for the effective supervision of providers of intermediary services. Official Journal of the European Union L 265, 12.10.2022. 4 Official Journal of the European Union L 277, 27.10.2022. 5

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