DATA PROTECTION | Advocate General on responsibility of online marketplace providers for GDPR infringements

On 6 February 2025, Advocate General Szpunar issued an opinion in case C-492/2023 (X Russmedia Digital SRL and Inform Media Press SRL), on the interplay between the Directive (EC) No. 2000/31 of 8 June 2000 (“eCommerce Directive”) and the GDPR, concerning the liability of online marketplaces. The case involved an individual and the marketplace Publi24.ro, where a fake advertisement promoting the individual’s sexual services was published without consent. The Advocate General observed that, under the eCommerce Directive, an online marketplace operator may be exempt from liability for advertisement content if its role is neutral and purely technical. This exemption does not apply if the operator actively manages, modifies, or promotes contents. Regarding the GDPR compliance, the Advocate General specifies that the operator acts as a processor of personal data contained in advertisements, which means that it is not required to systematically check the content of those advertisements before publication. Conversely, with regard to the personal data of user advertisers registered on the platform, the operator acts as a controller and must verify the identity of these user advertisers.

Newsletter n. 104 – February 2025