The European Commission is currently developing its proposals on the relationship between platforms and its business users. Legal certainty, adequate complaint handling and consumer trust are - very rightly so - key elements of the proposal.
However, whilst we appreciate and support the European Commission emphasis on the need for implementation of the Think Small First principle in the P2B proposal, we have reservations regarding the approach. The essence of Think Small First is to propose legislation that works well and can be implemented by micro and small companies without undue regulatory and administrative burden. Drafting legislation with large companies in mind and simply offering a blanket exemption for micro companies is not in line with the principle. Exemptions can be dangerous in the sense that they demote micro companies to second- or third tier companies, and should only be used as a last resort solution, not as a principle.
ESBA questions whether a blanket exemption for micro companies and a par-exemption for small companies is the correct approach.
Please read our current position paper on P2B for our detailed reasoning.
For additional information, please contact Patrick Gibbels at firstname.lastname@example.org