A Theoretical Perspective on the Civil Liability of Online Platform Operators

Abstract

The contribution is a brief comment on the contribution by Antonios Karaiskos and outlines the civil liability of online platform operators. The legal framework of this liability is considered under the aspects of contractual, tortious and “systemic” liability. Rather than the content of specific provisions, general mechanisms are discussed, namely the duties of online platform operators owed to users of their platforms as arising from their contractual relationship, as well as the tortious duty to protect the interests of those users as they may arise under certain circumstances. “Systemic liability” refers to the issue whether platform operators ought to be vicariously liable for damage suffered by the users – analogous to the rules on product liability – on the basis of an intrinsic defect in the operation or design of online platforms. The contribution also considers how regulatory frameworks are formed in society. One way is through private rulemaking, such as by a council formed of the stakeholders in a certain matter, though this approach harbours the risk of some interests not being reflected in the rules. Another approach would be to develop a common set of standard terms to protect the users, though it might be better to let the market regulate itself.

(The Editors)