Shcherbak H. Self-regulation of online platforms in EU law

The dissertation is one of the first in domestic legal science of comprehensive monographic studies of the legal regulation of self-regulation of online platforms in the law of the European Union, within which a systematic analysis of the theoretical and legal foundations of platform self-regulation was carried out, the legal nature of online platforms was investigated, and the features of institutional and regulatory mechanisms for self-regulation of the digital environment were identified. The relevance of forming an effective model of self-regulation of online platforms in the law of the European Union in the conditions of the rapid development of the digital economy, the growing role of platform services in public relations and the need to ensure a balance between state regulation and the autonomy of digital entities is substantiated. It is established that traditional mechanisms of legal self-regulation are not always able to respond promptly to dynamic changes in the digital environment, which leads to an increase in the importance of regulated self-regulatory instruments as a component of the modern regulatory policy of the European Union. The dissertation provides a comprehensive doctrinal analysis of the concept of self-regulation, its legal nature, functions, principles and types. It is proven that self-regulation in the field of online platforms is a form of regulated self-regulation, in which private rule-making and private law enforcement of platforms are preserved, but are subject to legally binding requirements of transparency, due process, proportionality, accountability and external control. It is argued that self-regulation is not an alternative to state regulation, but is an important complement to it, aimed at increasing the effectiveness of regulatory influence. The author's approach to understanding the concept of an online platform as a digital system that ensures interaction between users or between a user and a digital environment for the purpose of exchanging information, goods, services or content is proposed. Based on the analysis of doctrinal approaches and provisions of European Union legislation, the features of the legal status of online platforms, their place in the system of digital services and classification by functional purpose are investigated. The study analyzes the regulatory framework of the European Union in the field of online platforms, in particular the provisions of the Digital Services Act, acts in the field of e-commerce, consumer protection, competition and the digital market. It is substantiated that the modern model of regulation of online platforms in the European Union is gradually transforming from predominantly state regulation to a combination of regulatory and self-regulatory mechanisms based on cooperation between state institutions, platforms and other stakeholders. It is proven that codes of conduct perform not only regulatory, but also preventive, control and coordination functions, contributing to increasing the level of transparency, accountability and responsibility of digital platforms to users and society. A systematic analysis of the institutional mechanism for self-regulation of online platforms in the European Union is carried out. The role of the European Commission, civil society, scientific and platform communities in the processes of forming and implementing rules of conduct in the digital environment is determined. It is established that the effectiveness of self-regulation largely depends on the level of representation of digital market participants, the transparency of decision-making procedures and the availability of mechanisms for monitoring the implementation of established standards. Based on a comparative legal analysis, the features of the European, American and Chinese approaches to self-regulation of online platforms are investigated. It is established that the European model is characterized by the desire to combine market autonomy with high standards of human rights protection, ensuring transparency of platform activities and enhanced supervision over the implementation of voluntarily accepted obligations. At the same time, the American approach is focused on market freedom and minimal state intervention, while the Chinese model involves close integration of self-regulatory mechanisms with the system of state control and the establishment of a censorship regime. The current trends in the development of self-regulation of online platforms in European Union law are clarified. It is argued that the further evolution of digital platform regulation will be associated with the expansion of the use of co-regulatory mechanisms, the strengthening of the role of codes of conduct, the introduction of standards of good digital practice, and the development of procedures for independent monitoring of the implementation of self-regulatory obligations.