3 ms·
Long, but quite readable English judgement: https://curia.europa.eu/juris/document/document_print.jsf?mode=req&pageIndex=0&docid=306764&part=1&doclang=EN&text=&
by jeroenhd 11mo ago
Long, but quite readable English judgement: https://curia.europa.eu/juris/document/document_print.jsf?mode=req&pageIndex=0&docid=306764&part=1&doclang=EN&text=&dir=&occ=first&cid=14888943 https://curia.europa.eu/juris/document/document_print.jsf?mo...
And for quick reference, what the judgement actually entails:
On those grounds, the Court (Grand Chamber) hereby rules:
1. Article 5(2) and Articles 24 to 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) must be interpreted as meaning that the operator of an online marketplace, as controller, within the meaning of Article 4(7) of that regulation, of the personal data contained in advertisements published on its online marketplace, is required, before the publication of the advertisements and by means of appropriate technical and organisational measures,
– to identify the advertisements that contain sensitive data in terms of Article 9(1) of that regulation,
– to verify whether the user advertiser preparing to place such an advertisement is the person whose sensitive data appear in that advertisement and, if this is not the case,
– to refuse publication of that advertisement, unless that user advertiser can demonstrate that the data subject has given his or her explicit consent to the data in question being published on that online marketplace, within the meaning of Article 9(2)(a), or that one of the other exceptions provided for in Article 9(2)(b) to (j) is satisfied.
2. Article 32 of Regulation 2016/679 must be interpreted as meaning that the operator of an online marketplace, as controller, within the meaning of Article 4(7) of that regulation, of the personal data contained in advertisements published on its online marketplace, is required to implement appropriate technical and organisational security measures in order to prevent advertisements published there and containing sensitive data, in terms of Article 9(1) of that regulation, from being copied and unlawfully published on other websites.
3. Article 1(5)(b) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) and Article 2(4) of Regulation 2016/679 must be interpreted as meaning that the operator of an online marketplace, as controller, within the meaning of Article 4(7) of Regulation 2016/679, of the personal data contained in advertisements published on its online marketplace, cannot rely, in respect of an infringement of the obligations arising from Article 5(2) and Articles 24 to 26 and 32 of that regulation, on Articles 12 to 15 of that directive, relating to the liability of intermediary providers.
This mostly seems to be about advertisers distributing content, not so much making it "effectively impossible to run a user-generated platform legally". Unless you think basic KYC for paying customers is "effectively impossible", perhaps.