What regulation is applicable to your platform? Find out by observing its business process model!
First, answer these general questions.
Is the platform accessory?
Has the platform an influence on the general organization of the services of the sector concerned?
Does the platform create a new offer? If the goods or services existed before they were exchanged on the platform, click on "NO"
Now, look at the tasks of your business process model.
Is there an offer of goods and services to facilitate the engagement of transactions between users?
Is there an offer of goods and services related to a commercial, industrial or professional activity?
Is there a service?
Is the service dissociable from the operation it provides?
Is there an automatic, intermediate and temporary storage of information?
Is there a storage of user information?
Is there a service using a software?
Now, look at the messages and sequences of your business process model.
Is the single purpose the further transmission of informations?
Is there a distance contract?
Is there a distance contract between consumers and professionnels
Is there a contract between the platform and a professionnel user?
Is there a counterparty?
Is there a request for dissemination by the user
Is there an individual request from a user?
Is there a dissemination of user information?
Is there a provision of access to or a transmission of information?
Is there a contract with a vending machine?
Is there a contract made by a public officer?
Is there a contract about real estate
Is there a contract for household goods for everyday use?
Is there a contract for gambling?
Is there a contract for transport services?
Is there a contract for financial services?
Is there a contract for social services?
Is there a contract for health care services?
Is there a contract for the representation of a litigant?
Is there a price control?
Is there a communication network?
Is the service remote?
Does it allow to search or provide user information?
Is there a transmission of the information provided by the user?
Is there an electronic way?
Is there a request by the user for the storage of information?
Now, look at the pools and lanes concerning your platform, in your business process model.
Does the entity providing the platform have legal personality?
Is the platform designated by the European Commission?
Is the platform a small or micro enterprise?
Now, look at the pools and lanes concerning your all the entities using the platform, in your business process model.
Does a user have a commercial or a professional activity?
Is there minimum 45 million users?
Does a users have legal personality?
Does a contracting user have a physical personality without commercial, industrial or liberal activity?
Does a user use the platform?
Now, look at the start events in your business process model. All dates are sorted in the right order, there is no trap! ;). Also note that if the activity takes place after a certain date, but started before, you should still put YES.
Does the activity takes place after July 17, 2000?
Does the activity takes place after July 12, 2020?
Does the activity takes place after May 28, 2022?
Does the activity takes place after November 1, 2022?
Does the activity takes place after February 17, 2024?
Does the activity takes place after November 16, 2026?
What regulation should your platform be compliant to? Let's find out!