The Challenge of Online Platform Liability in the Age of Web 2.0 Pan-Atlantic Comparisons

Author(s)

William Field-Papuga

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.

This research paper intends to provide comprehensive analysis of the eCommerce Directive liability exemptions. It will answer the following research questions:
• How has the eCommerce Directive progressed beyond its strict textual limitations over the past 20 years?
• What are some of its most commonly cited shortcomings?
• How does it compare to similar legislation in the United States? Which model may be regarded as preferable?
• What are the common trends observed in both jurisdictions regarding online platform liability?
• What are the advantages and disadvantages in the continued use of the eCommerce Directive liability exemptions?
• What recommendations can be put forward regarding the proposed Digital Services Act?

Organisation(s)

Department of Innovation and Digitalisation in Law

No. of pages

81

Publication date

05-2022

Austrian Fields of Science 2012

505002 Data protection, 505006 Fundamental rights, 505013 Private law, 505003 European law

Keywords

Portal url

https://ucrisportal.univie.ac.at/en/publications/4a7e339f-85ac-4950-8a38-bf26322ea3b7