International Journal of Tourism, Travel and Hospitality Law 2023

DIGITAL MARKETS ACT AND DIGITAL SERVICES ACT “dos” imposed on gatekeepers include the following: Allow business users to promote their offers and conclude contracts with their customers outside the gatekeeper’s platform or provide business users with access to the data generated by their activities on the gatekeeper’s platform. Some example of the “don’ts” imposed on the gatekeepers include the following to ban on using the data of business users when gatekeepers compete with them on their own platform or Ban on ranking the gatekeeper’s own products or services in a more favourable manner compared to those of third parties. 4 – SOME CONCLUSIONS • Both new regulations, Digital Services Act and Digital Markets Act, affects directly on tourism sector: online travel and accommodation platforms, online marketplaces, social networks, content-sharing platforms…all of them are intermediary services. Information society services have become an important part for tourism. New and innovative business models and services have allowed business users and tourist consumers to impart and access information and engage in transactions in novel ways. • Digital Services Act and Digital Markets Act are regulations. It is good the Binding force of a Regulation, instead of a Directive, to ensure an effective harmonisation across the Union and avoid legal fragmentation. Regulation fully harmonises the rules applicable to intermediary services in the internal market with the objective of ensuring a safe. The Commission decided to put forward a proposal for a Regulation to ensure a consistent level of protection throughout the Union and to prevent divergences hampering the free provision of the relevant services within the internal market, as well as guarantee the uniform protection of rights and uniform obligations for business and consumers across the internal market. • Therefore new regulations are good because they create a safer digital space in which the fundamental rights of all users of digital services are protected. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services was necessary to avoid and put an end to fragmentation of the internal market and to ensure legal certainty. But, in my opinion both regulation produce a dichotomy. In one hand Digital Markets Act complements the enforcement of competition law, but in the other hand, Digital Services