Role and Liability of Online Platforms Providing Digital Content and Digital Services – Some Preliminary Thoughts, Including Impact of the Digital Content Directive –

Abstract

The article deals with the upcoming issue of liability of online-platforms, not only from the perspective of tort law rather than also from a contractual view. If platforms may be obliged to check identity or (mis-) behaviour of market participants is a question not only relevant for financial markets but also for all kinds of platforms. Moreover, the grey zone between platforms checking offers of traders thoroughly (such as integrity of software etc.) and the quality of being trader is at stake as consumers often cannot distinguish between different market players. The article argues that the DCD offers already solutions to a lot of problems. However, concerning product liability and safety, platforms have to be considered as a new form of “importer”; if not, severe pitfalls of enforcing product safety regulations have to be faced.