AI and digital governance: Exploring platform liability laws in the EU

In the late 20th century, the booming internet economy was not only causing legal shifts in the U.S., but also in the EU. While the economic benefits of electronic commerce were becoming apparent, divergent national laws created legal uncertainty for platforms operating across borders. As a result, the Electronic Commerce Directive of 2000 was adopted in the EU to create an internal market framework for online services and bring more legal certainty for online services and consumers. In addition to providing liability exemptions for intermediary service providers, the e-Commerce Directive also harmonized rules on transparency and information requirements for online service providers, commercial communications and electronic contracts. It encouraged the creation of voluntary codes for greater cooperation among member states.

Evidently, with rapid advancements in technology, the internet has transformed in unforeseeable ways. In 2022, the EU adopted the Digital Services Act to keep up with this evolution, but the e-Commerce Directive also continues to be in force today. However, the DSA predates the mainstream use of generative AI. In other words, the DSA was not drafted with generative AI in mind.

e-Commerce Directive 2000