Defective Consent and Platform Liability Under the Digital Services Act: Appearance, Information Duties and Consumer Reviews
摘要
This paper explores platform liability under the Digital Services Act (DSA), focusing on cases where consumer consent may be defective. It examines three key scenarios: misleading appearances suggesting the platform is the direct provider, breaches of information duties, and deceptive consumer reviews. The analysis addresses the legal implications of these defects, including the loss of the benefit of the ‘safe harbour’ exemption and potential contractual invalidity. The study draws on the doctrine elaborated by the Court of Justice of the European Union in the Wathelet case to support the extension of consumer rights against platforms in certain contexts.