Las plataformas digitales ante la distribución de mercancías y el suministro de contenidos digitales ilícitos

Résumé

Brokerage services in the form of online platforms have become a strategic instrument for the development of the digital market and e-commerce, but while they offer extraordinary opportunities for trade and exchange of all kinds of licit goods and services, they also provide a massive traffic in illicit goods and content. For this reason, the case law and the legislator of the European Union have been working for years on a stricter interpretation or modification of the liability exemption or safe harbour rules, which have been culminated, specifically, in Directive 2019/790 on copyright and related rights in the digital single market and, more generally, in the proposed Digital Services Act.