DIGITAL MARKETS ACT AND DIGITAL SERVICES ACT 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. 1 – DIGITAL SERVICE ACT 1.1 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. The rules that define the responsibilities and obligations of providers of digital services bind not only providers of digital services established in the European Union but also those providers established outside of the Union offering services in the Union. For those established outside of the European Union the Regulation requires the appointment of a legal representative in the European Union to ensure effective oversight and, where necessary, enforcement. It is said that Digital Services Act will ensure providers of digital services a legal certainty, harmonisation of rules that will help them to start-up and scale- -up in Europe. But the reform of the EU e-commerce legal framework maintains the core principles of its liability regime, the prohibition of general monitoring and the internal market clause.
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