Online marketplaces have a duty: This is how the GDPR protects your data!

Online marketplaces have a duty: This is how the GDPR protects your data!

Online marketplaces like Ebay and Etsy now have more responsibility than ever when it comes to protecting personal data. A ruling by the Court of Justice of the European Union (ECJ) requires platform operators to thoroughly identify and check advertisements containing sensitive data before publication. This decision has far-reaching consequences for how ads are handled, particularly when it comes to compliance with the General Data Protection Regulation (GDPR). If this regulation is violated, operators must refuse to publish such advertisements in order to protect the people concerned. According to that Northern Courier This also applies to cases in which advertisements are posted online without the consent of the person depicted.

A specific case that recently made headlines concerns a Romanian website where a woman was offered sexual services without her consent. This ad got the operators into trouble: although they only removed the ad after a complaint from those affected, their data had already been distributed on other platforms. The woman sued and a court in Romania turned to the ECJ for clarity about the platform operators' liability. The court ruled that operators must take technical and organizational measures to identify sensitive data and prevent such privacy violations from occurring.

The General Data Protection Regulation and its consequences

What exactly does the General Data Protection Regulation (GDPR) regulate? It has been valid in all EU member states since May 25, 2018 and protects physical persons through clear guidelines regarding the processing of personal data. The regulation comprises a total of 11 chapters and 99 articles, which are important for consumers and businesses alike. It is important to know that the GDPR also applies to companies outside the EU if they process data from EU citizens. The Data protection portal provides comprehensive information about the rights of citizens and the obligations of companies.

The GDPR gives citizens the rights to information, deletion and objection. Operators of online marketplaces must clearly explain what data they collect, for what purpose and for how long it will be stored. For example, if sensitive data about sex life or political attitudes is contained in an advertisement, these may only be published if the person concerned has expressly consented. The new requirements increase the pressure on platform operators to act carefully and adapt their processes. Like that Heise Online reported, the unlawful distribution of sensitive data on other websites must also be prevented.

Conclusion

The ECJ's case law regarding the liability of online marketplaces illustrates how serious the EU is about protecting personal data. Operators are required to take appropriate measures to meet the requirements of the GDPR. In this way, not only should the rights of those affected be protected, but also trust in online marketplaces should be sustainably secured. At a time when data protection is becoming increasingly important, the current case impressively shows how important it is to handle other people's data sensitively.