DIGITAL MARKETS ACT AND DIGITAL SERVICES ACT online platforms thus have knowledge of or control over the information, even if that may in reality not be the case10. The novelty in Digital Service Act is also the due diligence obligations for a transparent and safe online environment for providers of intermediary services (Chapter III) and also the implementation, cooperation, penalties and enforcement system (Chapter IV). Digital Service Act sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, providers of online platforms and of very large online platforms and of very large online search engines. 3 – DIGITAL MARKETS ACT 3.1 Context11 The Digital Markets Act introduces common rules across the single market that will foster innovation, growth and competitiveness, and facilitate the scaling up of smaller platforms, small and medium-sized enterprises and start-ups who will have a single, clear framework at EU level. The Digital Markets Act introduces rules for platforms that act as “gatekeepers” in the digital sector and aims at preventing gatekeepers from imposing unfair conditions on businesses and end users and at ensuring the openness of important digital services. “Gatekeepers” are platforms that have a significant impact on the internal market, serve as an important gateway for business users to reach their end users, and which enjoy an entrenched and durable position. This can grant them the power to act as private rule-makers and to function as bottlenecks between businesses and end users. The Digital Markets Act will be applicable only to companies that will be identified as “gatekeepers” according to objective criteria set out in the proposal, but they have the opportunity to rebut the presumption. These are companies that play a particularly important role in the internal market because of their size and their importance as gateways for business users to reach their customers. In this context, ten core platform services will be subject to the Digital Markets Act: online intermediation services, such as accommodation services; online 10 See, Whereas 24 Digital Service Act. 11 See, www.europa.eu
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