Revised draft resolution: the Platform Fairness Standard (after consultation)

Subject: Revised draft resolution: the Platform Fairness Standard (after consultation)

Part I of II

The Founders Assembly,

Recalling the Founders Charter and the Rules of Procedure of the Founders Assembly, including the requirement that proposals proceed from evidence review through public consultation to an Assembly ballot (RC/A/2026/1; RC/A/2026/2),

Recalling its call for evidence on agenda item PL-001 and the Platform Council’s interim review of the volume and frequency of account suspensions and payout holds (RC/PL/2026/1; RC/PL/2026/N.1),

Noting the Platform Council’s certification that the reports considered for PL-001 met all five elements of the Assembly’s pattern test: volume, frequency, consistency, spread and corroboration (RC/PL/2026/N.2),

Recalling that the Council’s draft Platform Fairness Standard was circulated for public consultation and that the consultation closed on 2 July 2026 after receiving 487 comments,

Recalling that the European Union’s Platform-to-Business Regulation requires a statement of reasons when a provider restricts or suspends a business user and provides for at least 30 days’ notice before termination of the whole service,¹

Noting that article 17 of the European Union’s Digital Services Act provides for statements of reasons concerning certain restrictions, including information on whether automated means were used, and that article 24(5) provides for the public DSA Transparency Database,²

Noting that Japan’s Act on Improving Transparency and Fairness of Specified Digital Platforms requires designated platform providers to disclose conditions concerning matters including the withholding of payments,³

Concerned that a business user may face interruption of sales, access to customers or receipt of funds without information sufficient to understand the measure, respond to the stated issue or seek timely review,

Recognizing that a platform may need to act promptly to address security, legal, safety or integrity risks, and that predictable notice and review procedures can be designed without preventing necessary action,

Recognizing also that protections should be usable by small businesses across the countries in which a platform operates, rather than varying solely according to the user’s location,

Adopts the following draft Standard for consideration by the Assembly.

Operative provisions

1. Adopts, for consideration and ballot by the Founders Assembly, the Platform Fairness Standard set out in the annex to the present draft resolution.

2. Affirms that the proposed Standard addresses four types of platform action affecting a business user: account suspension or restriction; removal or restriction of a listing; a hold on payouts; and a change to fees applicable to the user.

3. Establishes as the central requirements of the proposed Standard that a covered platform provide written notice, a specific reason, access to review by a person and, for a payout hold, a defined time limit, subject to the safeguards and exceptions set out in the annex.

4. Calls upon platforms considering adoption to apply these protections in every country in which they operate, while permitting a platform to provide stronger protections where required by law or adopted as its own policy.

5. Invites business users, platform providers, public authorities, civil-society organizations and other interested parties to examine the revised text and identify any provision that is unclear, impracticable or inconsistent with applicable law before the Assembly ballot.

6. Requests the Secretariat to circulate the annex and the explanatory memorandum together, preserve the consultation record in accordance with the Rules of Procedure, and present the final ballot text with any proposed amendments clearly identified.

7. Requests that, if adopted, the Standard be transmitted to the chief executives identified through the Assembly’s process, with the status of each seat recorded as proposed, letter sent, delivered, replied, signed or empty chair, as applicable.

Annex

Platform Fairness Standard

Section I. Purpose, application and interpretation

1. Purpose. The Standard establishes minimum procedural protections for a business user when a platform takes specified action that may materially affect the user’s ability to offer goods or services, reach customers, use an account or receive funds. It is intended to make decisions understandable and reviewable. It does not determine whether a platform must permit a particular product, listing, transaction or business activity.

2. Application. The Standard applies to a platform’s dealings with a business user where the platform provides an account, marketplace, payment or related service through which that user offers goods or services. The obligations apply to the actions listed in paragraph 3, whether the platform’s decision is made by a person, an automated system or a combination of the two.

3. Covered actions. For the purposes of the Standard, a covered action is:

   1. the suspension, disabling or material restriction of a business user’s account;

   2. the removal of a listing or a material restriction on its visibility, availability or ability to transact;

   3. the withholding, freezing or material delay of a payout otherwise due to the business user; or

   4. the introduction of, or material change to, a fee charged to the business user.

4. Definitions. For the purposes of the Standard:

   1. “Business user” means a person or entity using a platform in connection with offering goods or services to customers.

   2. “Platform” means the provider of an online service through which a business user offers goods or services, operates a listing or account, or receives a payment or payout connected with such activity.

   3. “Written notice” means notice delivered in a durable form that the business user can retain and access, including through an account interface or electronic communication.

   4. “Specific reason” means an explanation identifying the relevant conduct, content, transaction, contractual provision or other basis for the action with enough detail to allow the business user to understand the case and respond. A general reference to a policy, risk category or contractual right, without further explanation where further explanation can safely be given, is not by itself a specific reason.

   5. “Human review” means reconsideration by a natural person who can assess the information submitted, has authority to correct or reverse the action, and is not limited to confirming the original automated result.

   6. “Payout hold” means a delay, withholding or freeze of funds otherwise payable to a business user, whether imposed on all or part of the amount.

5. Reading the Standard. The obligations are minimum procedural protections. They do not prevent a platform from taking action required by applicable law, responding to a credible and immediate risk, or applying a contractual term that is consistent with applicable law. Where immediate action is necessary, the platform should provide the notice, reasons and review required by this Standard as soon as practicable, subject to paragraph 10.

Section II. Minimum obligations

1. Notice before action. Before taking a covered action, a platform shall provide the business user with written notice identifying the action proposed, when it is expected to take effect and the principal steps the user may take to respond or seek review. Where advance notice would create a credible and immediate risk to users, the platform, the integrity of a transaction or compliance with law, the platform may act first, but shall provide notice as soon as practicable after the action.

2. Specific reasons. The notice shall state the specific reason for the proposed or completed action. It shall identify the relevant policy or contractual provision where applicable and describe the conduct, content, transaction or other circumstance relied upon, to the extent that disclosure is lawful and does not itself create a material security or safety risk. If some information cannot be disclosed, the platform shall, where possible, give a meaningful summary of the basis for action and identify the general reason why further detail is withheld.

3. Information about automated means. Where automated means materially contributed to the decision, the platform shall say so in the notice. This provision concerns disclosure that automation was used; it does not require disclosure of confidential technical information that would enable circumvention of a security measure.

4. Opportunity to respond. The platform shall provide an accessible means for the business user to submit information relevant to the action. The means shall permit the user to refer to the notice, supply an explanation or supporting material, and receive confirmation that the submission has been received. Where the platform acts before giving notice under paragraph 1, it shall provide this opportunity promptly after notice is given.

5. Review by a person. On request by the business user, the platform shall make a review by a person available without undue delay. The reviewer shall consider the user’s submission and the basis for the action, and shall have authority to maintain, vary or reverse it. The platform shall communicate the outcome in writing, state the principal reasons for that outcome and identify any available next step within the platform’s process.

6. Fees. Before a new fee or material change to a fee takes effect, the platform shall provide written notice stating the amount or method of calculation, the date of effect, the service or transaction to which the fee applies and where the business user can review the applicable terms. If the change is required to take effect sooner by applicable law or an urgent operational necessity, the platform shall give notice as soon as practicable and explain the reason for the shortened notice.

7. Consistent access. A platform adopting the Standard shall make the protections in this section available to business users in every country in which it operates. This paragraph does not limit any stronger protection required by law or provided by the platform, and does not require a platform to disregard a legal restriction that applies in a particular jurisdiction.

8. Accessible process. Notices and review channels shall be reasonably accessible to the business user, including through the account or contact route ordinarily used for the platform relationship. The platform shall make the relevant process available in a form that allows a user to identify the decision being challenged and follow the status of a review, where the platform’s systems permit.

9. Record of decision. The platform shall retain a record of the notice, stated reason, user submission and review outcome for a period consistent with applicable law and its legitimate operational needs. The record shall be sufficient to support a meaningful review and to explain the result to the business user.

10. Urgent action and protected information. A platform may delay advance notice or limit particular details where it reasonably considers that immediate disclosure would create a credible risk to safety, security, the integrity of an investigation or compliance with law. The platform shall limit the exception to what is necessary, provide a meaningful explanation to the extent possible, and provide the remaining notice and review protections as soon as the reason for withholding them no longer applies.

Section III. Payout holds

1. Notice of hold. When imposing a payout hold, a platform shall notify the business user in writing, identify the amount or portion affected where reasonably practicable, state the specific reason, and explain what information or action is required from the user, if any.

2. Time limit and review. A platform shall state the expected duration of a payout hold or the event by which it will be reviewed. It shall not leave a hold without a defined review point. If the hold remains in place at that point, the platform shall review whether it remains necessary, notify the business user of the result and state the next review point. Nothing in this paragraph requires release of funds where applicable law requires continued withholding.

3. Proportionality. Where a hold concerns only part of a balance or a particular transaction, the platform should not extend the hold to unrelated funds unless it has a stated basis for doing so. The notice should distinguish, where reasonably practicable, between funds held and funds that remain available.

4. Information and response. The business user shall be given a reasonable opportunity to provide information relevant to the hold and to seek human review. The platform shall identify the information it needs with sufficient clarity to permit a response, subject to the limits in paragraph 10.

Section IV. Relationship to existing provisions described in the consultation record

The comparison below is confined to provisions and status information documented in the materials on record. It is not a comprehensive survey of the laws of the listed jurisdictions and does not assert that an instrument creates protections beyond those specifically described. References to an instrument do not substitute for legal advice or for the text of applicable law.

Section V. Notice, review and records

1. A covered platform shall provide the notice required by this Standard through a durable channel that the business user can access and retain. Where the platform maintains an account interface, the notice may be delivered there, but the platform shall not rely solely on a notice that disappears when access to the account is restricted.

2. A notice shall be written in clear language and shall identify, to the extent reasonably available to the platform:

   1. the action taken or proposed, its effective date and the account, listing, transaction or service affected;

   2. the specific contractual term, published rule or legal requirement relied upon;

   3. the conduct or circumstances giving rise to the action, including relevant dates and enough detail for the business user to understand and respond to the case;

   4. whether automated means materially contributed to the decision and, where known, the kind of automated assessment used;

   5. the practical consequences of the action, including any effect on access to listings, orders, account functions or funds; and

   6. how to request review, what information may be submitted, the applicable deadline and how to contact the review function.

3. A platform shall not satisfy the requirement to give a specific reason by providing only a general category, a link to its terms, or a statement that the action was taken for risk, safety or policy reasons. A platform may withhold details only to the extent that disclosure would be prohibited by law or would create a substantiated and immediate risk to security, fraud prevention or another person's rights. It shall explain the basis for any such limitation in the notice and provide as much information as may lawfully be disclosed.

4. A business user may request review without charge. The platform shall provide a straightforward means to submit the request and supporting material, including through a channel accessible when the account or listing is unavailable. The platform shall acknowledge receipt promptly and decide the request within 14 calendar days, unless the matter requires additional investigation. If more time is required, it shall explain why and provide a revised decision date; an extension shall not remove or suspend any applicable limit on a payout hold.

5. The review shall be conducted by a person with authority to change or reverse the original decision and, where practicable, who was not responsible for making it. The reviewer shall consider the business user's submission and the reasons and material relied upon for the original action. The platform shall communicate the outcome, the reasons for it and any next review or escalation route in writing.

6. Where a decision is reversed or materially changed, the platform shall take reasonable steps promptly to restore the affected listing, account function or funds, and to correct consequential records under its control. If full restoration is not possible, it shall explain the obstacle and the measures available to reduce resulting harm.

7. A platform shall keep a record of each covered notice, the reason and evidence relied upon, any use of automated means, review requests and outcomes, and the start and end of each payout hold. Records shall be sufficient to demonstrate compliance with this Standard and shall be retained for at least two years, subject to applicable privacy and data-protection requirements. The business user shall be able to obtain the records relating to its own case, subject to lawful protections for other persons.

8. Urgent action may be taken without advance notice only where delay would create a material and immediate risk, or where advance notice is prohibited by law. The platform shall provide notice as soon as the risk or prohibition permits and, where practicable, within five calendar days of the action. The notice shall state why advance notice was not given. Urgency shall not by itself justify an indefinite restriction, an unreviewable decision or a payout hold without the safeguards in Section III.

9. A platform may impose a temporary measure while it investigates, but shall keep that measure no broader or longer than reasonably necessary. It shall provide a review route during the investigation and update the business user when the basis, scope or expected duration materially changes.

Section VI. Implementation and reporting

1. The Standard establishes a minimum baseline for business users. A platform may provide stronger protections, and shall continue to comply with applicable law. Nothing in the Standard authorizes a platform to reduce a protection already available under law, contract or its own published terms.

2. For purposes of implementation, the timetable shall run from the date on which the Assembly adopts the Standard:

   1. Within 90 days, a platform shall designate a responsible function for implementation, publish an accessible description of its notice and review process, and identify the means by which business users may submit review requests;

   2. Within 180 days, the requirements concerning written notice, specific reasons, information about material use of automated means, and review by a person shall apply to new covered decisions;

   3. Within 270 days, the requirements in Section III concerning payout holds, including the applicable time limits and review points, shall be implemented for covered holds;

   4. Within 12 months, all protections in the Standard shall apply to business users in every country in which the platform operates, subject only to a specific legal restriction that prevents compliance in that jurisdiction. Where such a restriction applies, the platform shall document it, explain its effect to the affected business user to the extent lawful, and apply the closest lawful protection available.

3. A platform shall not postpone a protection that it can reasonably implement earlier merely because another part of its systems requires further work. During the implementation period, it shall take reasonable interim steps to provide notice, a meaningful explanation and a route to human review.

4. Within 12 months after adoption, and annually thereafter, a platform implementing the Standard should publish a concise report describing its implementation, including:

   1. the number of account suspensions, listing removals, payout holds and material fee changes covered by the Standard, reported separately where the platform can do so reliably;

   2. the proportion of covered decisions for which written notice was provided, and the proportion for which a review was requested;

   3. the number and proportion of reviewed decisions that were reversed or materially changed;

   4. the duration of payout holds, reported in a way that allows the reader to understand how long funds remained unavailable; and

   5. the steps taken to make the protections available across countries and to address barriers to using the review process.

5. Reports should use clear definitions, explain material limitations in the data and avoid disclosing information that could identify an individual business user. The reporting requirement does not require publication of confidential business information, personal data or details that would create a material security risk.

6. The Secretariat shall maintain a public record of Assembly adoption, implementation milestones reported by platforms, and correspondence concerning adoption of the Standard. It shall distinguish a proposal, a letter sent, delivery, a reply, a signed commitment and an empty chair. No absence of a reply shall be represented as agreement.

Section VII. Interpretation, application and review

1. The Standard shall be interpreted to make its protections practical for businesses with limited staff, resources or access to specialist advice. A process that exists only in formal terms, but cannot reasonably be used by an affected business user, does not satisfy the Standard.

2. Where a platform operates through several services, brands or local entities, it shall identify which entity is responsible for the decision and for conducting the review. The use of an intermediary, contractor or automated system shall not remove the platform's responsibility to provide the protections set out here.

3. The Standard does not require a platform to retain a business user or listing where a lawful and adequately explained basis for restriction or removal exists. It requires fair notice and review, appropriate limits and a meaningful opportunity to understand and challenge the decision; it does not guarantee a particular substantive outcome.

4. The Secretariat shall convene a review of the Standard no later than 24 months after adoption. The review shall consider implementation reports, further evidence from business users and platforms, changes in law and practice, and whether the protections operate effectively across countries and business sizes. It shall publish a review note and invite public comment before proposing any amendment to the Assembly.

5. Any amendment to the Standard shall follow the Assembly's Rules of Procedure, including public consultation and a ballot. Until amended, the adopted text remains the applicable Assembly standard.

Explanatory memorandum to the revised draft

1.This revision follows the public consultation on draft resolution RC/PL/2026/L.1, open from 2 June to 2 July 2026. The Secretariat received 487 comments. The revision is circulated as RC/PL/2026/L.1/Rev.1; it does not treat the number of comments as a vote or imply that each comment expressed the same view.

2.The Platform Council's evidence record and pattern review are set out in RC/PL/2026/N.1 and RC/PL/2026/N.2, with evidence submissions including RC/PL/2026/S.1 and RC/PL/2026/S.2. As of 14 July 2026, the Council had 339 members from 46 countries and had received 1,541 reports from 50 countries. The reported median amount at stake was

approximately US$4,062. Reports included 867 account-suspension situations and 674 funds-held situations. These figures describe the Council's record; they are not estimates of the incidence of these practices across all platforms or all small businesses.

3.The revision makes the required content of a notice more operational. It distinguishes the action, the rule relied upon, the conduct at issue, the practical consequences and the route to review. It also clarifies that a generic policy label or an unqualified reference to risk does not, on its own, give a business user a specific reason. These provisions are intended to make a notice usable without requiring disclosure that is prohibited by law or that would create a substantiated security risk.

4.The revision gives the human-review requirement a defined process: a free and accessible request route, a decision period, an explanation where more time is needed, a reviewer with authority to change the outcome, and written reasons for the result. It clarifies that an account restriction must not make it impossible to request review. It also states the practical steps expected if a decision is reversed, while recognizing that full restoration may sometimes be prevented by circumstances the platform must explain.

5.The revision addresses urgent measures and temporary restrictions separately. It permits immediate action in narrowly described circumstances but requires notice as soon as practicable, a reason for the absence of advance notice, and continuing review. This is intended to distinguish a short protective measure from an unexamined restriction that continues without a defined process.

6.The revision adds an implementation timetable and a reporting framework. The timetable phases operational changes but sets a common 12-month point for application across countries. The reporting provisions seek information that can show whether notice, review and payout-hold protections are being used, while avoiding publication of personal data, confidential business information or exploitable security details.

7.The comparison in Section IV has been retained as a bounded account of the provisions identified in the consultation record. It does not claim that the laws described provide identical protections, and it makes no substantive comparison for jurisdictions for which the record supplied no specific provision. The European Union materials cited concern the P2B Regulation and the Digital Services Act; the Japan materials concern the Transparency Act and its treatment of designated platforms. The United Kingdom Late Payments Bill is noted only as a measure concerning late payments, not as a platform-specific account or payout-hold rule.

8.The Secretariat submits this revised text for Assembly consideration under the Rules of Procedure. It remains a draft until adopted by ballot. The consultation record, this explanatory memorandum and the proposed Standard should be read together; none should be understood as a statement by a named platform or an account of any CEO's response.

Notes and sources

Sources

1. Regulation (EU) 2019/1150 of the European Parliament and of the Council

2. European Commission, Digital Services Act Transparency Database: questions and answers

3. Japan Act on Improving Transparency and Fairness of Specified Digital Platforms

4. Japan Ministry of Economy, Trade and Industry, Digital Platforms

5. 1. Regulation (EU) 2019/1150 of the European Parliament and of the Council

6. 2. European Commission, Digital Services Act Transparency Database: questions and answers

7. 3. Japan Act on Improving Transparency and Fairness of Specified Digital Platforms

8. 4. Japan Ministry of Economy, Trade and Industry, Digital Platforms