Report from the Commission on the first preliminary review of the P2B Regulation

The P2B Regulation has applied since 12 July 2020. It was the first general framework applicable to what are called ‘online intermediation services’. These services intermediate for a very large number of both large and small undertakings, or ‘business users’, within the internal market.

The P2B Regulation aims to create a fair, transparent and predictable business environment for these business users, which can depend to differing degrees on such online intermediation services to reach their customers.

The P2B requirements are designed to ensure that business users, in particular SMEs that can have limited bargaining power relative to the online platforms, should be able to conduct their business in a predictable manner  (e.g., relying on transparency as regards rankings) and are not exposed to unnecessary costs when facing issues with the online platform (e.g. suspension of the business account, or products and services being blocked by the platform). This is of particular relevance for businesses and notably SMEs in key ecosystems, such as tourism, retail and cultural and creative industries ecosystems.

In addition, the P2B Regulation can also be a tool to ensure that fairness and transparency help smaller platforms to grow and innovate in a common legal framework shared with bigger platforms, in a levelled playing field. To ensure that online intermediation services comply with the P2B requirements, its enforcement is within the competence of the Member States.