The liability exemption and the ban on the introduction of general monitoring obligations have helped developing the diversity of internet platforms, which is beneficial for consumers too. However, after 20 years, it is time to update the rules for platforms and adjust them to the new context and challenges.
The proposed European Regulation for a Digital Services Act includes new rules for the responsibility and the due diligence of internet platforms. The proposal contains many positive elements. However, it falls short with regard to online marketplaces and traders’ compliance with consumer law.
The Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband – vzbv) has long advocated for a revision of the liability rules for online marketplaces. These platforms must take responsibility for compliance with consumer law such as legal guarantees and product safety. This is the only way consumers will have a comprehensive protection when shopping via platforms.
- a possibility for users to mark content as legitimate
- user-friendly design of filter systems
- clarification of the “notice & action” procedure
- joint liability of the online marketplace if it excercises control over the trader
- enforcement of EU product safety rules, the right of withdrawal and legal guarantees on online marketplaces