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On 16 December 2020, the European Commission delivered on the plans proposed in the European Digital Strategy by publishing two proposals related to the governance of digital services in the European Union: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The much-awaited regulatory reform is often mentioned in the context of content moderation and freedom of expression, market power and competition. It is, however, important to bear in mind the contractual nature of the relationship between users and platforms and the additional contracts concluded on the platform between the users, in particular traders and consumers. Moreover, the monetisation offered by digital platforms has led to new dynamics and economic interests. This paper explores the reform proposed by the European Commission by means of the DSA by touching upon four main themes that will be addressed from the perspective of consumer protection: (1) the internal coherence of European Union law; (2) intermediary liability; (3) the outsourcing of solutions to private parties; and (4) digital enforcement.
Nikkie de Jager was an unknown teenager from the small Dutch town of Uden until one of her videos ('The Power of Make-Up') went 'viral', amassing in a short period of time nearly 40 million views. 1 Her 'NikkieTutorials' make-up channel on YouTube soon became an online sensation with millions of views from different countries, helping her build an international reputation as a 'YouTuber' and make-up artist. Without prior training in communication, advertising, or even the beauty sector, de Jager's is a good example of an emerging 'profession': 'social media influencer'. A growing number of individuals, often without any traditional professional certification, have a job which consists in sharing moments of their daily lives, offering advice in different areas (e.g., fitness, beauty, food), and while doing so, endorsing consumer goods and services. In many cases, these social media influencers fail to properly disclose the commercial nature of their relationship with the companies behind these advertisements. Moreover, these channels are not limited to lifestyle advice and can have broader societal consequences, for example, on election results. The comedy and commentary channel of German YouTuber Rezo is a good example of how social media influencers are also having an impact in politics. On 18 May 2019, Rezo published a video criticizing the German Christian Democratic Union party (CDU), which gained well over 15 million views in three months, 2 and was subsequently endorsed by at least 90 other YouTubers, in an attempt to hold German politicians responsible, especially for their perceived lack of commitment to the fight against global 1
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