Digital Services ActEU 2022/2065
Digiphile

Recitals

Recital 23


Recital 23

Authority or Control Excluding Hosting Liability Exemption Unofficial title


The exemption of liability should not apply where the recipient of the service is acting under the authority or the control of the provider of a hosting service. For example, where the provider of an online platform that allows consumers to conclude distance contracts with traders determines the price of the goods or services offered by the trader, it could be considered that the trader acts under the authority or control of that online platform.