Search engines, digital assistants and smart speakers are a great virtual shop windows where undertakings can display their content to the general public; they stimulate competition in the market. However, the importance of the order in which the merchant´s information appear is essential to its (economic) success. Therefore, to achieve optimal positioning in the search result and to compete on equal terms, it is necessary for undertakings to know the sequencing mechanism of the online search engine algorithm. With Regulation (EU) 2019/1150, the legislator intends to ensure a “competitive, fair and transparent” environment in the online platform economy, in which the principle of par conditio concurrentium is respected, by imposing, among other measures, in relation to how to the way of classifying the search result generated by the user’s query. This repressive norm of unfair commercial practices must be well received, although some of the obligations -as analyzed in this paper- may be lacking in effectiveness due to the ease in being evaded by the technological giants.
Profesor Ayudante Doctor de Derecho internacional privado en la Universidad de Valencia. Investigador en temas relacionados con Derechos digitales, internet, Derechos de autor y Derecho internacional privado.
Saiba mais sobre Jose Juan Castello Pastor: Clique Aqui