ABSTRACT
More than 20 years after its enactment, the eCommerce Directive is due for a major reconsideration under the proposed Digital Services Act, which was published in December 2020. This proposal comes amidst a growing awareness within the European Union about the ability of online platforms, particularly those of a large scale, to spread and amplify illegal and harmful content. This has led to fundamental change in the policy positions, with a greater emphasis now placed on the goal of promoting online safety. Furthermore, while the goal of creating a conducive legal environment for the growth of these services remains constant, there is no longer the same perceived need to protect a nascent industry. As such, now is a critical time to assess the continued relevance of the eCommerce Directive’s liability exemptions in a changing digital landscape in Europe …
Field-Papuga, William, The Challenge of Online Platform Liability in the Age of Web 2.0 Pan-Atlantic Comparisons (February 4, 2022).
First posted 2022-05-23 16:00:21
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