C-492/23X v Russmedia Digital SRL and Inform Media Press SRL

The court's own keywords

Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(7) – Concept of ‘controller’ – Responsibility of the operator of an online marketplace for the publication of personal data contained in advertisements placed on its online marketplace by user advertisers – Article 5(2) – Principle of accountability – Article 26 – Joint control with user advertisers – Article 9(1) and (2)(a) – Advertisements containing sensitive data – Lawfulness of processing – Consent – Articles 24, 25 and 32 – Obligations of the controller – Prior identification of the advertisements containing such data – Prior identification of the identity of the user advertiser – Refusal of publication of unlawful advertisements – Security measures such as to prevent the copying of advertisements and their publication on other websites – Electronic commerce – Directive 2000/31/EC – Articles 12 to 15 – Possibility for such an operator, with regard to an infringement of those obligations, to rely on the exemption from liability of an intermediary information society service provider.

Interprets

• GDPR — Regulation (EU) 2016/67932016R0679
• Digital Services Act — Regulation (EU) 2022/206532022R2065