CONSUMER PROTECTION IN ONLINE MARKETPLACES - DOI: 10.12818/P.0304-2340.2023v83p183

Resumo

This article intended to analyse the
consumer protection afforded by Art. 6.3
of the EU’s Digital Services Act. This legal
provision targets platforms acting as online
marketplaces, as defined by the DSA as
intermediation services facilitating contracts
between traders and consumers, and creates a
safe harbour for those platforms, exempting
them from liability in certain cases. While all
online marketplaces have certain obligations
that they should be held accountable for,
some platforms, besides these obligations,
exert significant control and influence
over the provision of products or services.
Consequently, this study delves into when
and how such intermediation platforms could
be held liable for infringements committed
by sellers on their platform or for breaches
of contract by the sellers. Additionally, it
examines how certain Member States of the
European Union are addressing the platforms’
liability for breaches of contracts they did not
directly enter into.