Search engine ad rejections: Potential violations of EU Platform-to-Business Regulation
Google’s dominance in the search engine market is unparalleled, with some incredible statistics to back it up. For instance, every minute, there are 5,9 million Google searches, and the platform holds a 91,54% share of the global search engine market. Top-ranking Google search results enjoy a 22,4% click-through rate, and 66% of web traffic referrals come from Google.
Given these statistics, it’s clear that Google is critical to millions of internet users. At the same time, when Google rejects advertisements, it can have significant implications for businesses that rely on this platform for visibility and revenue. This blog explores the potential legal ramifications of such rejections under the European Platform-to-Business Regulation (P2B Regulation) and what advertisers can do if they believe a platform or search engine has acted unlawfully by rejecting their ads.
Potential Violations of Article 4 of the P2B Regulation
Article 4(1) of the P2B Regulation requires platforms to provide business users with clear and specific reasons for terminating or restricting their services. Furthermore, Article 4(5) mandates that the justification given to the business user must include a reference to the specific facts and circumstances that led to the decision to restrict or terminate services.
If the platform or search engine fails to provide you with adequate information about why your ads were rejected or your account was restricted, this could constitute a direct violation of Article 4 of the P2B Regulation. The manner in which you were informed, and the reasons provided may be insufficient to meet the regulation’s requirements.
Potential Violations of Article 11 of the P2B Regulation
Article 11 of the P2B Regulation requires online platforms and search engines to handle complaints within a reasonable timeframe and in a serious, transparent, and effective manner. The complaint-handling system must not be a mere formality. Platforms and search engines are obligated to respond adequately to complaints and requests from advertisers. If you find that your concerns are not being addressed properly or that the complaint process is ineffective, this could potentially violate Article 11 of the P2B Regulation.
Implications for Advertisers
These potential violations can have serious consequences for businesses that rely on, for instance, Google Ads. If you believe that the platform or search engine has not provided sufficient justification for rejecting your ads or has not handled your complaints effectively, you may have grounds for legal action under the P2B Regulation. It’s important to document all communications regarding ad rejections and any subsequent complaints. This documentation can be crucial if you need to pursue legal remedies or file a complaint with relevant authorities.
Seeking Legal Advice
If you’re facing persistent issues with ad rejections and believe that there may be a violation of obligations under the P2B Regulation, it may be advisable to consult with a legal professional specializing in digital advertising and EU regulations. They can help you assess your situation, determine if there are indeed violations, and guide you on the best course of action to protect your business interests. The P2B Regulation was implemented to ensure fairness and transparency in the relationship between online platforms and their business users. As an advertiser, you have rights under this regulation, and it’s important to be aware of them when dealing with issues like ad rejections on major platforms.
Mila van der Sluis
Lawyer