CJEU Russmedia (C-492/23): Platform Liability & GDPR

Russmedia

A case note on the recent judgment of the Court of Justice of the European Union in Case C-492/23 (Russmedia) has been published in the legal journal Law of Technology and Communications (DiTE) (Issue 4/2025), in Greek. The decision significantly reshapes the regulatory framework governing the liability of online platforms under the General Data Protection Regulation (GDPR).

Background of the Case

The case concerned the publication of a false online advertisement containing personal data without the data subject’s consent. The CJEU was asked to clarify whether the operator of an online platform may qualify as a controller and to define the scope of its obligations in such circumstances.

Key Findings

In its judgment, the Court:

  • broadened the concept of controller, confirming that platforms may qualify as joint controllers together with their users,
  • further specified the obligations arising from Articles 24, 25 and 32 GDPR,
  • introduced enhanced ex ante compliance obligations, and
  • ruled out the applicability of hosting safe harbour exemptions in the context of GDPR infringements.

Practical Implications

The judgment marks a clear shift from the traditional notice-and-takedown approach towards a model of proactive compliance.

In practice, digital service providers are expected to:

  • integrate privacy by design mechanisms at the development stage of their services,
  • implement tools for identifying and managing content involving personal data,
  • strengthen user identification and risk management processes, and
  • reassess their overall GDPR compliance strategies.

This development is expected to have a significant impact on marketplaces, content-sharing platforms and digital service providers more broadly.