Applicability of the information intermediary status to digital platform operators

The article is dedicated to the analysis of the legal status of digital platform operators from the perspective of the information intermediary institution. Special attention is paid to assessing the compliance of the information intermediary status enshrined in Article 1253.1 of the Civil Code of the Russian Federation to digital platform operators, considering their multifaceted nature and specific activities. The features of information intermediaries regulated by Russian legislation are studied in comparison to foreign models—American and European. The peculiarities of applying the status to marketplace operators are analyzed, as well as the issues of recognizing investment platforms as information intermediaries. The object of the research is the public legal relations arising in the process of functioning of digital platforms and the interaction of their users. The subject of the research is the legal regulation of the status of digital platform operators from the viewpoint of the information intermediary institution. Methodology: A comprehensive legal analysis has been used—a comparative study of domestic and foreign regulations, as well as an interpretation of the norms of Russian legislation in light of the practice of the Supreme Court of the Russian Federation and Arbitration Courts. The emphasis is placed on identifying the characteristics and criteria of information intermediaries concerning digital platform operators. The novelty of the research lies in the comprehensive analysis of the concept of an information intermediary in the context of the dynamically developing platform economy of Russia. This work systematizes the mechanisms for implementing the information intermediary institution concerning digital platform operators, taking into account recent legislative changes, including Federal Law No. 289-FZ on platform economy. The research identifies and critically assesses existing contradictions and gaps when qualifying digital platforms as information intermediaries, particularly regarding marketplaces and investment platforms, which is relevant for the further development of theory and law enforcement in this field. The status of an information intermediary is an important legal institution that protects the interests of participants in civil legal relations in the digital environment. However, not all digital platform operators can automatically claim this status. The effective application of the institution depends on compliance with the characteristics of technical passivity, neutrality, and prompt response to violations. The application of the status to investment and specialized platforms requires further research and practical consideration. A comprehensive study of the legislative framework and judicial practice contributes to balanced regulation and risk reduction, fostering the development of the digital economy.

information intermediary, digital platform, digital platform operator, platform economy, intellectual property protection, e-commerce, investment platform, mediation, intermediary liability, limits of liability