Tech policy & regulation
Designing policies to prevent platform gatekeeping that restricts access to essential online payment and commerce services.
This evergreen guide examines how thoughtful policy design can prevent gatekeeping by dominant platforms, ensuring open access to payment rails, payment orchestration, and vital ecommerce tools for businesses and consumers alike.
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Published by Thomas Scott
July 27, 2025 - 3 min Read
Gatekeeping by dominant platforms threatens the basic freedom of online commerce by funneling traffic, limiting API availability, and shaping who can compete in digital marketplaces. Policymakers, industry groups, and civil society must collaborate to identify the essential payment and payment-technology services that underpin modern commerce, from payment gateways to fraud prevention tools and merchant onboarding processes. A robust policy framework would acknowledge the interconnectedness of ecosystems: ensuring interoperability without stifling innovation, guarding consumer protection, and preserving procedural fairness. It should also anticipate rapid changes in payment methods, including open banking, mobile wallets, and alternative settlement rails, while maintaining clear accountability for gatekeeping behavior.
A practical policy approach begins with baseline transparency requirements for platform terms, conditions, and access rules. Regulators can demand published criteria for API eligibility, service level expectations, and dispute resolution pathways. In addition, crucial safeguards should prevent conditional access based on arbitrary criteria, coercive bundling, or discriminatory pricing that disadvantages smaller firms or marginalized communities. Public-interest objectives require proportional remedies, including temporary access during market disruptions, non-discrimination guarantees, and the prohibition of punitive penalties solely for attempting to diversify payment options. Transparent governance assures participants they understand how decisions are made and can appeal when fairness appears compromised.
Balancing openness with security, privacy, and resilience objectives.
The set of principles should rest on open interoperability, data portability, and equitable treatment across the ecosystem. Open interoperability requires standardized interfaces, predictable update cycles, and backward compatibility to prevent sudden disconnections that harm merchants and their customers. Data portability empowers businesses to switch providers without losing critical transaction histories or customer trust. Equitable treatment means that dominant platforms cannot privilege their in-house services over independent providers through bundled features, exclusive contracts, or opaque performance metrics. Regulators can codify these principles within a framework of measured deadlines, compliance audits, and risk-based supervision that scales to platform size and market impact.
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A supportive regulatory environment also prioritizes consumer protection alongside business access. Clear disclosure requirements help users understand which entities process their payments, what fees apply, and how data may be shared. Safeguards against deceptive onboarding, surprise charges, and inadequate dispute resolution create a foundation of trust that sustains healthy competition. Policymakers should encourage the adoption of secure-by-design standards for payment APIs, with mandatory penetration testing, encryption requirements, and robust incident reporting. Fiscal incentives for services that expand access—especially in underserved regions—can reinforce the public interest while encouraging innovation and responsible risk management.
Equity-centered design for a fair payments landscape that serves all.
Ensuring resilience in payment ecosystems means anticipating outages, cyber threats, and systemic shocks. Policy instruments can require redundancy planning, cross-provider failover capabilities, and incident response coordination among financial institutions, merchants, and platform operators. Regulators can set minimum uptime guarantees for critical gateways and mandate drills that test recovery procedures. At the same time, privacy safeguards must be baked in, limiting data exposure during failures and ensuring that any cross-border data transfers comply with recognized protections. A well-calibrated regime will curb single points of failure while preserving consumer confidence in the speed and reliability of digital payments.
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Another essential dimension is racial, geographic, and socioeconomic equity. Gatekeeping often amplifies existing disparities by favoring well-resourced firms or urban markets and marginalizing small businesses and rural communities. Policymakers should require impact assessments that measure access barriers, price discrimination, and service gaps across regions. Remedies may include targeted grants, open-access funding for onboarding and risk controls, and technical assistance programs designed to uplift underrepresented merchants. A forward-looking framework would also monitor changes in market structure, ensuring mechanisms exist to correct course if gatekeeping practices threaten broad access to essential commerce services.
Aligning national rules with global best practices and practical enforcement.
The design of fair policies demands collaborative governance that includes regulators, consumer advocates, merchants, and platform developers. Multi-stakeholder forums encourage practical, evidence-based rules that reflect real-world use cases. When crafting requirements, authorities should emphasize technical neutrality, avoiding prescriptive features that could become obsolete as technology evolves. Yet, they must remain vigilant against strategic loopholes—such as partial access, disguised exclusivity, or opaque pricing models—that erode the public benefit. A transparent rulemaking process with consultative periods, impact analyses, and sunset clauses helps ensure policies remain relevant and effective without stifling innovation.
International coordination also matters because payment ecosystems cross borders. Harmonizing standards for API authentication, fraud controls, and data privacy reduces friction for cross-border transactions while preserving national regulatory prerogatives. Mutual recognition agreements and information-sharing protocols can prevent a patchwork of incompatible rules that hinder growth. Shared best practices for incident response and crisis management enable quick collective action during outages or breaches. By aligning on core principles and measurable outcomes, policymakers foster a predictable environment where innovative entrants can compete on value, not on the size of their network.
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Monitoring, accountability, and adaptive policy tools for ongoing fairness.
Enforcement becomes the linchpin of any policy designed to curb gatekeeping. Without credible enforcement, well-crafted rules lose their bite. Regulators should deploy a tiered oversight regime that matches penalties to harm caused and ensures due process. Independent auditing, periodic reporting, and third-party assessments reinforce accountability. Provisions must also address regulatory capture risks by requiring transparent lobbying disclosures, responsible vendor management, and clear separation between policy-making and enforcement actions. A credible enforcement framework signals that gatekeeping will be addressed decisively, protecting both merchants and consumers from predatory practices.
To complement formal enforcement, market watchers can provide ongoing oversight through data-driven dashboards that track access metrics, API availability, rejection rates, and price differences across provider types. Public dashboards enable independent scrutiny and empower smaller players to raise concerns promptly. Policymakers should encourage evidence-based adjustments, rather than reactive punishments, ensuring that interventions address root causes. Continuous monitoring helps identify emerging gatekeeping strategies, such as complex onboarding requirements or subtle fees, enabling timely policy updates that preserve access and competition in essential online payment and commerce services.
The final aim is a flexible yet sturdy policy architecture capable of adapting to evolving technologies and market dynamics. This requires sunset reviews that assess effectiveness and recalibrate instruments as needed. Legislative frameworks should include explicit phasing provisions for phased industry-wide changes, ensuring that stakeholders can adjust processes without abrupt disruptions. Independent think tanks and academic researchers can contribute objective analyses, fostering an evidence base that informs incremental improvements. A culture of continuous learning keeps policies aligned with user needs, technological progress, and evolving competitive landscapes.
In practice, designing policies to prevent gatekeeping demands a balance of rights, responsibilities, and incentives. Governments must protect access to essential payment rails while safeguarding privacy and security. Industry players should commit to interoperable standards and fair competition beyond their own platforms. Consumers deserve reliable, transparent, and affordable services. When these elements come together, the online payments and commerce ecosystem becomes more resilient, inclusive, and innovative—supporting vibrant economies that reach everyone, everywhere.
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