Suchergebnisse

The intent of the essay is to verify if the Proposal on a Single Market For Digital Services (Digital Services Act), in the part where it aims to define the provider's liability for illegal activity or illegal content stored at the request of a recipient of the hosting service, ends up providing greater protection for the passive provider than the Electronic Commerce Directive. It is also the intent to examine to what extent the actual increased protection of the passive provider is compensated for by greater rigor in ruling out the possibility of the providers playing an active role in hosting.

The article analyses to what extent the New Deal for Consumers can represent a step forward in the effective protection of the consumer. Although there is a path to overcome the separation between the definition of rights at European level and remedies at a national level and to identify common criteria in the application of sanctions, more courageous measures would be needed. In particular, what is being proposed here is to link the effectiveness of the protection with the real balance between the rights and obligations of consumers and professionals to provide solutions that allow, in compliance with the principle of proportionality, to place the consumer in the same situation in which they would be found in the absence of the violation.