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ARTICLE · 01 JULY 2024

The Country Of Origin Principle: How Far Does Protection Extend For Online Service Providers?

Osborne Clarke LLP
Osborne Clarke LLP
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The CJEU has once again ruled on e-commerce, addressing the prohibition against imposing additional obligations on online intermediation service providers established in another Member State.

SpainTechnology

The CJEU reiterates its stance on the invalidity of additional requirements imposed on an online provider by a Member State where it is not established. Where does the limit lie?

The CJEU has once again ruled on e-commerce, addressing the prohibition against imposing additional obligations on online intermediation service providers established in another Member State. In these cases, the CJEU evaluates a series of obligations imposed by Italian national law to ensure the proper application of European Regulation 2019/1150, which -we recall- aims to establish fairness and transparency obligations for online intermediation service platforms.

Specifically, the Italian law required online intermediation service providers, including those established in other Member States, to register with the Italian regulator, provide the regulator with certain information about their structure and activities, and pay an administrative fee to cover the costs of registration and

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