Clarification of Responsibilities
The European Court of Justice (ECJ) delivered a non-binding opinion regarding the liability of online platforms for the advertisements they publish. In a recent case stemming from Romania, it determined that while online platforms should not be held accountable for the content of ads, they must verify the identities of the advertisers behind them. This ruling emerged from a specific incident involving a Russmedia platform that advertised sexual services without the consent of the individual depicted in the ad.
Case Background
The case drew attention after a victim discovered an advertisement on the Publi24.ro platform, part of Rusmedia, which featured her personal photos and contact information taken from her social media accounts without her permission. Though Russmedia promptly removed the ad, copies persisted on other websites, prompting the victim to take legal action against the platform for her privacy violation.
Neutral Role in Advertising
Advocate General Maciej Szpunar clarified that under the EU’s General Data Protection Regulation (GDPR), a marketplace operator like Russmedia only maintains a neutral and technical role regarding ad content. As a result, these platforms can be exempt from liability for advertisements published on their sites. This means they are not required to conduct systematic checks on ad content prior to publication, provided they take necessary precautions to protect personal data.
Data Protection Obligations
According to Szpunar’s opinion, operators of online marketplaces must comply with GDPR provisions as data processors, meaning they should adopt organizational and technical measures to safeguard user data in advertisements. Furthermore, when it comes to the personal data of advertisers registered on their platforms, these operators assume the role of data controllers, necessitating that they verify the identities of the advertisers.
Implications for Future Judgments
It’s important to note that the Advocate General’s opinion is not legally binding on the Court of Justice. The final decision will be issued at a later date, potentially shaping the landscape of how online platforms manage user data and the advertisements that appear on their sites. As digital commerce continues to evolve, these burgeoning regulations and rulings highlight the need for robust identity verification processes in advertising practices.
SOURCE: Ref Image from Euronews
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