The role and responsibility of online marketplaces in EU law

Online marketplaces facilitate the conclusion of contracts between their users. The users and the platform are in a three partite relationship with each other: the users first conclude a contract with the platform and subsequently they can conclude contracts with each other. The platform has a central and steering role when it comes to the contracts that are concluded between the users. For some time now, academia has argued that there is a need for clarification and legislative intervention regarding the position of the online intermediaries in this triangular constellation. More in particular clarification is needed with regard to the question whether or not the central role comes with certain responsibilities or liabilities.
The European Union has adopted several legal acts containing, amongst others, specific rules for online marketplaces, two prominent examples are Regulation (EU) 2022/2065 (Digital Services Act) and Directive 2019/2161 (Modernization Directive). The way the position of online marketplaces is addressed in these legislative acts is disappointing. The legislative approach towards the role and responsibility of online marketplaces is piecemeal and leaves to be desired from a consumer protection perspective. For example, the Modernization Directive only contains some information requirements and the Digital Services Act is unclear when it comes to the rights the consumer may exert towards online marketplaces.
In this contribution I will scrutinize the position of online marketplaces in relation to consumer contracts concluded via their platform in the current European legal framework and identify problems and gaps from a consumer protection perspective. The question that will be addressed is: what gaps and problems exist in the recently adopted legislative instruments regarding the role and responsibility of online marketplaces towards consumers and how can these be solved?