Advertisements: ECJ holds platforms liable for data protection violations

The European Court of Justice (ECJ) has ruled that online marketplaces share responsibility for data protection violations related to advertisements published on their platforms. This decision stems from a case where an advertisement for sexual services, including a woman's photos and phone number, was posted without her consent, highlighting the need for platforms to actively monitor content. This ruling has the potential to significantly reshape how platforms manage user-generated content and their liability for data breaches. The case involved the Romanian online classifieds portal Publi24, akin to eBay or Amazon Marketplace. In August 2018, an unauthorized ad was published using a woman's likeness and contact information. The ECJ determined that the platform operator, Russmedia Digital, had a duty to ensure that advertisements on its platform did not contain sensitive data or violate data protection regulations, including verifying the consent of the individuals featured. This ruling impacts all online marketplaces, requiring them to proactively assess advertisements for potential data privacy breaches before publication. The ECJ emphasized the platform's role in disseminating the information, even if uploaded by a user, and its responsibility under the GDPR. The platform's right to utilize published content for commercial purposes was a key factor in assigning responsibility. The decision clarifies the responsibilities of platforms under the GDPR, potentially expanding their legal liabilities. This judgment underscores the need for these platforms to strengthen their content moderation practices and implement more robust mechanisms to safeguard user data, promoting greater accountability in the digital advertising landscape.