ELI Digital Law SIG Held a Fifth Seminar in its Speaker Series


On 29 June 2022, the ELI Digital Law SIG’s webinar, entitled ‘Liability of Online Marketplaces: How Portugal was Inspired by Article 20 of the ELI Model Rules on Online Platforms’, was delivered by Joana Campos Carvalho.

Carvalho is a PhD Candidate from NOVA University, Lisbon. Portugal transposed Directives 2019/770 e 2019/771 through Decree-Law 84/2021, 18 October. The Portuguese legislator decided to use the permission granted in recitals 18 and 23, respectively, to extend the application of the Directives to platform providers that do not fulfil the requirements of being considered a trader.

That was done through article 44 of Decree-Law 84/2021, which was strongly inspired by article 20 of the ELI Model Rules on Online Platforms.

The provision, which sets forth the joint liability of the provider of the marketplace for the lack of conformity of the goods, is based on the concept of predominant influence but departs form the solution of the Model Rules on several aspects.

The presentation:

  • compared the provision with the ELI Model Rules on Online Platforms;
  • critically analysed the Portuguese rule;
  • reflected on the decision to adopt a rule like this in the context of the Single Market.

More details are available here.