A Hitchhiker's Guide Through Platform Liability

Platform providers are digital service providers who act as information intermediaries between their users. They store the information provided (making them hosts) and disseminate it to the public on user request. As such, platform services like Facebook, YouTube or TikTok are used to facilitate the interaction between its users.

When it comes to the liability of platform providers, a distinction has to be made between liability in connection with activities carried out or content uploaded by users and liability from sources directly attributable to the provider, such as contractual liability towards users, or liability for non-compliance with obligations under the new Digital Service Act ("DSA").