온라인 플랫폼 규제에 관한 유럽법연구소의 모델규칙

Online platforms are now of paramount importance in the everyday life of citizens and consumers; comprehensive participation in life, society and the economy is hardly possible without using them. The surge in digitization caused by the Corona crisis is likely to accelerate this development: E-commerce platforms and digital services are repeatedly named as one of the few crisis winners. Platform regulation and with it the question of creating fair, appropriate and user-friendly framework conditions is currently one of the core issues of customer protection in the internet and the digital world. The greatest challenge for securing your global competitiveness in the future is today to sustainably promote innovations in these areas without losing sight of the protection of the legitimate interests of consumers and other users. The EU Commission has announced its eagerly awaited “Digital Services Act” for the end of 2020. The debate about the future law of digital platforms is already controversial. The model rules for online platforms presented by the European Law Institute (ELI) in March 2020 make a concrete contribution to this. They are briefly presented here and made available in a Korean translation. The aim of future regulations on the responsibility of platform operators must be to find solutions that, on the one hand, take into account the dynamics of online platforms as business models, but on the other hand also harmonize with basic contractual principles. An increase in the transparency requirements with regard to the position of the contractual partner appears generally plausible. The approach of Art. 20 model rules, according to which even if the increased transparency is maintained, a joint and several performance liability of the platform operator should intervene, if the customer can reasonably trust that the platform operator has a dominant influence on the provider, seems worthy of criticism.