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• The Digital Services Act and the European Media Freedom Act: widening scope, increasing depth - the changing European media in a changing European Union

  1-19

  Pal Belenyesi

  Views:

  89

  Digital services, the European digital single market and European media regulation are far from being conflict-free from an economic point of view, easily contested from a regulatory angle and are even considered areas that could decide national elections from a political point of view. At the same time, the media (content) market is a multi-faceted economic sector with identifiable and conventional market failures, is constantly changing and matters of fundamental rights often distort perhaps straightforward economic considerations.

  Accelerated technological developments in recent years have incentivised a regulatory framework in the EU and its Member States that is both disciplined and responsive. The EU’s Digital Services Act (DSA) and the European Media Freedom Act (EMFA) represent this: together, depending on and referring to each other. Despite their obvious similarities, an analysis of these legislation from a media-centric approach has not yet been undertaken. The present study aims to fill this gap: we analyse how the regulations are interlinked.

• The Aftermath of the C-149/15 ECJ Judgment on the Liability of Online Marketplaces Misleading Consumers

  47-63

  Ágoston Győri

  Views:

  72

  The Court of Justice of the European Union (CJEU), in its judgment in case C-149/15, Sabrina Wathelet v. Garage Bietheres & Fils SPRL, introduced a significant shift in the approach to the civil liability of intermediaries who facilitate the conclusion of contracts between consumers and businesses. The CJEU ruled that, under certain circumstances, a third party facilitating the transaction may be considered the seller in a sales contract between a consumer-seller and a consumer-buyer. Recent consumer protection legislation in the European Union suggests that the principles established in the judgment have laid the groundwork for holding online marketplaces, which have previously operated unchecked and engaged in fraudulent practices against consumers, civilly liable.

  This paper first briefly outlines the key elements of the judgment and then examines how the European Union's Digital Services Act (hereinafter: DSA) and the new Product Liability Directive regulate the liability of service providers operating online marketplaces.