Making European Union digital platform regulation a reality¹

Abstract Over the last twenty years, the digital economy – driven primarily through large digital platforms that have been mostly unregulated to date – has brought enormous economic and societal benefits. The COVID-19 pandemic has accelerated this trend by making digital platforms central to the global economy and society and by highlighting further opportunities, but, importantly too, risks and threats. Digital platforms, representing the increasingly important and maturing online platform economy, are now being described as critical infrastructure and even utilities. Digital platform policy, particularly the future regulation of the large far-reaching dominant platforms, is a major focus of the European Union (EU) as part of its response to the COVID-19 crisis. The literature on platform regulation highlights two major themes that emerge concerning digital platform regulation, and that are consequently the focus of future regulation: competition and online content. This article presents research findings in these areas through a critical analysis of and reflection on emerging digital platform regulatory practices which are being progressed under the groundbreaking EU Digital Services Act and Digital Markets Act package. This includes assessing implications for national implementation, regulatory enforcement, and governance. A particular emphasis is placed on the Digital Services Act where there is less literature, knowledge, and experience on how to best regulate online content. In this context, the paper provides insights into how Ireland, where many of the large platforms are established and so is their de-facto regulator, is dealing with regulatory implementation issues driven by the EU.