The CJEU ruling by the Court of Justice of the European Union on Tuesday has made it clear that online marketplaces are responsible for the personal data that appears in advertisements on their platforms.
The Court of Justice of the European Union decision makes clear that platforms must get consent from any person whose data is shown in an advertisement, and must verify ads before they go live, especially where sensitive data is involved.
The CJEU ruling comes from a 2018 incident in Romania. A fake advertisement on the classifieds website publi24.ro claimed a woman was offering sexual services. The post included her photos and phone number, which were used without her permission.
The operator of the site, Russmedia Digital, removed the ad within an hour, but by then it had already been copied to other websites. The woman said the ad harmed her privacy and reputation and took the company to court.
Lower courts in Romania gave different decisions, so the case was referred to the Court of Justice of the European Union for clarity. The CJEU has now confirmed that online marketplaces are data controllers under the GDPR for the personal data contained in ads on their sites.
CJEU Ruling: What Online Marketplaces Must Do Now
The court said that marketplace operators must take more responsibility and cannot rely on old rules that protect hosting services from liability. From now on, platforms must:
- Check ads before publishing them when they contain personal or sensitive data.
- Confirm that the person posting the ad is the same person shown in the ad, or make sure the person shown has given explicit consent.
- Refuse ads if consent or identity verification cannot be confirmed.
- Put measures in place to help prevent sensitive ads from being copied and reposted on other websites.
These steps must be part of the platform’s regular technical and organisational processes to comply with the GDPR.
What This Means for Platforms Across The EU
Legal teams at Pinsent Masons warned the decision “will likely have major implications for data protection across the 27 member states.” Nienke Kingma of Pinsent Masons said the ruling is important for compliance, adding it is “setting a new standard for data protection compliance across the EU.”
Thijs Kelder, also at Pinsent Masons, said: “This judgment makes clear that online marketplaces cannot avoid their obligations under the GDPR,” and noted the decision “increases the operational risks on these platforms,” meaning companies will need stronger risk management.
Daphne Keller of Stanford Law School warned about wider effects on free expression and platform design, noting the ruling “has major implications for free expression and access to information, age verification and privacy.”
Practical Impact
The CJEU ruling decision marks a major shift in how online marketplaces must operate. Platforms that allow users to post adverts will now have to rethink their processes, from verifying identities and checking personal data before an ad goes live to updating their terms and investing in new technical controls. Smaller platforms may feel the pressure most, as the cost of building these checks could be significant.
What happens next will depend on how national data protection authorities interpret the ruling and how quickly companies can adapt. The coming months will reveal how verification should work in practice, what measures count as sufficient protection against reposting, and how platforms can balance these new duties with user privacy and free expression. The ruling sets a strict new standard, and its real impact will become clearer as regulators, courts, and platforms begin to implement it.