Responsibility in the Platform Quadrangle: Balancing Rights between Content-Creating Users, Internet Service Providers, Affected Parties and Recipients; Also a Case Note on CJEU Russmedia, Case-492/23, 2025 ECLI:EU:C:2025:935

Key Points

• The central aim is to analyze the CJEU's ruling on the primacy of GDPR over the ECD and its implications.
• Analysis of the CJEU decision in case 492/23, focusing on its reasoning and implications for legislation.
• Examination of the obligations imposed on online marketplaces regarding data screening and user verification.
• Critical evaluation of the potential consequences for internet law based on this ruling.
• CJEU emphasizes the primacy of GDPR, requiring online marketplaces to actively manage content.
• Obligations include screening listings for sensitive data, verifying inserter identity, and limiting third-party content dissemination.
• Criticism of the ruling suggests it may undermine foundational principles of internet law.