The potential liability of online marketplaces for breaches of consumer protection law caused by sellers in the European Union

Abstract

Online platforms have gained tremendous influence on the global economy and society and are largely protected by EU laws when it comes to the activity of their users. From a legal perspective, the extent to which an online marketplace can be held liable for third-party consumer law breaches without the possibility of invoking the liability exemptions is relatively unclear and has to be explored. The research aims to examine the possible situations that can give rise to such responsibility for digital intermediaries by evaluating the existing and upcoming legislation together with case law in such legal areas as electronic commerce and consumer laws. Overall, the findings show that online marketplaces can lose their right to immunity for illegal actions of its users by possessing knowledge of it or by presenting an active role.