Platform regulation

From local to global

Online platforms – ranging from local online forums to global social media companies, video services and search engines – are intensively regulated by European and national lawmakers. As a practice area, platform regulation is also growing and changing at lightning speed, and incorporates and overlaps with other practice areas such as copyright, media law, freedom of expression and privacy law.

AI act, Digital Services Act and Digital Markets Act

Developments in platform regulation are mostly driven at EU level and are deeply intertwined with European political, institutional and constitutional frameworks. Recent important instruments include the Digital Services Act, the Digital Markets Act, the AI act as well as sector specific instruments in the area of copyright,  audiovisual and video platform services, protection of minors and harmful content, which subject digital intermediaries to significant, detailed (but still frequently vague) obligations that affect their core commercial interests and operational processes.

Litigation and pragmatic advice across the entire spectrum of platform regulation

At Brinkhof, our lawyers work on complex litigation and provide pragmatic advice spanning the entire spectrum of platform regulation, frequently in collaboration with colleagues who are specialists in associated areas such as competition law, privacy law  and trademark law. The matters we handle vary according to technological developments and developments within society, and range from search results, reviews and customer data to app stores, adverts and AI systems. We litigate and advise on the entire life cycle of legislation, from political drafting and national implementations to product and process modifications and enforcement.

High profile cases

• Brinkhof advises various so-called VLOPs (very large online platforms) on both a practical and strategic level in connection with their responsibilities and (EU and national) regulatory inquiries and investigations under the Digital Services Act, regarding items such as content moderation, transparency obligations and the obligation to identify systemic risks;
• Brinkhof assists various platforms in proceedings before Dutch courts, for example in cases concerning content moderation decisions or class actions for damages under the WAMCA;
• Brinkhof advises various media services and platforms on the enforcement of media and platform regulation, including issues regarding the country of origin principle and the powers of applicable national regulators;
• Brinkhof advises various platforms on their (international) litigation strategy in relation to the latest national and EU legislation, for example, where Articles 15 and 17 of the DSM Directive are concerned.