Overview
- In case C-492/23, judges said operators must detect sensitive personal data before publication and verify the poster’s identity or the depicted person’s consent.
- If no valid legal basis exists, platforms must refuse the ad and deploy technical measures to prevent it from being copied to other websites.
- The court clarified that GDPR obligations take precedence over liability exemptions in the EU e-commerce framework.
- The ruling stems from a 2018 Publi24 listing that used a Romanian woman’s photos and phone number to advertise sexual services without consent, which was removed after an hour but had already spread elsewhere.
- The referring Romanian court will now decide on damages in line with the EU court’s interpretation, signaling operational and compliance changes for major marketplaces such as eBay and Etsy.