European Union: Advocate General issued on responsibilities of online marketplace operators under Directive on Electronic Commerce (Case C-492/23)

On 6 February 2025, the Advocate General of the Court of Justice of the European Union delivered his opinion in Case C-492/23 concerning the responsibilities of online marketplace operators under the Directive on Electronic Commerce (2000/31/EC) and the General Data Protection Regulation (GDPR). The case, referred by the Romanian Court of Appeal of Cluj, involves Russmedia Digital and Inform Media Press. In 2018, an ad on Publi24.ro falsely claimed that the complainant was offering sexual services, using her photos and phone number without consent. Although Russmedia removed the ad, it was reposted elsewhere, leading the complainant to sue the company. The Advocate General clarified that operators such as Russmedia may be exempt from liability for advertisement content if their role is neutral and technical. However, they must implement organisational and technical measures to protect personal data. The opinion also distinguishes between the roles of data processor and controller, requiring identity verification for user advertisers. Advocate General opinions are not binding on the Court of Justice, which will issue a final judgment.