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.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Defective Consent and Platform Liability Under the Digital Services Act: Appearance, Information Duties and Consumer Reviews

  • Antonio Legerén-Molina

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.