Is the owner of the Internet market responsible for the goods published in it?

Question

Law in IT

Let's say there is a platform where everyone can register and sell their products (like Amazon). Will the site owner be responsible for the authenticity of the published goods?

For example, if someone starts selling cheap Chinese Rolex copies, underground Nikes, or fake video cards from famous companies?

Is it enough to simply indicate in the user agreement that the site owner is not responsible for the published goods?

Answer 1

Enough

Answer 2

If a retail sale and purchase agreement is concluded with a site (to whom we pay money), then he is responsible for all the jambs.

Answer 3

Yes. Bears responsibility. Read the law on advertising.
Further, the law on consumer protection, if the Russian Federation.
Once in the meaning of this "Is it enough to simply indicate in the user agreement that the owner of the site is not responsible for the published goods?"
To understand, you need to share ownership. Responsibility of the site owner.
In this case, the owner provides information about the product (advertising). Advertising must be authentic.
Article 13
""The advertiser, at the request of the advertiser, is obliged to provide documented information on the compliance of the advertisement with the requirements of this Federal Law, including information on the availability of a license, on mandatory certification, and on state registration.
I don't know what should have certificates. But the necessary documents are the subject of contractual relations.
7. The advertiser is liable for violation of the requirements established by paragraph 3 of part 4, paragraph 6 of part 5, parts 9 - 10.3, 12 of article 5, articles 7 - 9, 12, 14 - 18, parts 2 - 4 and 9 of article 19, parts 2 - 6 of Article 20, parts 2 - 5 of Article 21, parts 7 - 9 of Article 24, Article 25, parts 1 - 5 of Article 26, parts 2 and 5 of Article 27, parts 1, 4, 7, 8, 11 and 13 of Article 28, parts 1, 3, 4, 6 and 8 of Article 29, parts 1 and 2 of Article 30.1 of this Federal Law.
Article 7. Goods whose advertising is not allowed It is
not allowed to advertise:
""1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;
Total - Advertiser can be involved.
Letter of the Federal Antimonopoly Service dated December 21, 2018 No. AK/105192/18 “On information in the information and telecommunications network "Internet" at the addresses:"
December 27, 2018
"FAS Russia in accordance with paragraph 62 of the Plan for providing methodological assistance to the territorial bodies of the FAS Russia in 2018, approved by order of the FAS Russia dated April 19, 2018 N 508/18, sends an explanation on the issue of distinguishing between ads of a private nature, commercial nature and advertising placed on Internet resources in the information and telecommunication network "Internet" at the addresses:.
In accordance with paragraph 1 of Article 3 of the Federal Law "On Advertising", advertising is understood as information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the object of advertising, forming or maintaining interest in it. and its promotion in the market.
According to paragraph 2 of Article 3 of the Federal Law "On Advertising", the object of advertising is a product, means of individualization of a legal entity and (or) product, a manufacturer or seller of a product, the results of intellectual activity or an event (including a sports competition, concert, competition, festival, risk-based games, betting), to attract attention to which advertising is directed.
Thus, advertising is information, one of the signs of which is the direction of such information to draw attention to the object of advertising, the formation or maintenance of interest in it and its promotion in the market.
Paragraph 6 of Part 2 of Article 2 of the Federal Law "On Advertising" establishes that this law does not apply to advertisements of individuals and legal entities that are not related to entrepreneurial activities.
Thus, announcements of individuals related to the sale of property, as well as personal belongings, are not advertising, since they do not pursue the goals of advertising, therefore, the requirements of the Federal Law "On Advertising" do not apply to such information.
This position is also confirmed by the appeal ruling of the Sverdlovsk Regional Court dated March 1, 2018 No. 33a-3498/2018.
In addition, in accordance with clause 3 of part 2 of article 2 of the Federal Law "On Advertising", this federal law does not apply to reference and information and analytical materials (reviews of domestic and foreign markets, the results of scientific research and testing) that do not have the promotion of goods as their main goal. on the market and are not social advertising.
According to the experts of the FAS Russia, the information placed in reference and catalog publications, containing the same set of information about organizations, and grouped under certain headings, is of a reference and informational nature, since it is aimed at notifying consumers about the existence of a particular business entity, as well as the designation the type of activity they carry out. The content of the information is the same for all the specified legal entities in all sections of the catalog, which allows you to perform the tasks assigned to the publishers of the catalog, namely: to systematize information about business entities by sections and headings of the catalog to facilitate the search for organizations engaged in a particular type of activity.
When placing brief, informational information in reference publications, such a task facing advertising as the formation and maintenance of interest in a particular legal entity and its product is not fulfilled, since such information placed among the same, homogeneous, information of many legal entities does not allow select any one person, product and form interest in it.
In view of the foregoing, the information posted on the site of free ads such as .......is for reference and informational purposes. Information about goods (services) presented on these sites in the information and telecommunications network "Internet" is intended to inform site visitors about the possibility and conditions for their purchase, respectively, the provisions of the Federal Law "On Advertising" do not apply to such information.
Also, information about manufactured or sold goods posted on the official website of the manufacturer or seller of these goods, as well as on the pages of the manufacturer or seller of these goods on social networks on the Internet, is not an advertisement, if the specified information is intended to inform visitors to the site or the corresponding page in the social network. networks about the range of goods, conditions for their purchase, prices and discounts, rules of use, information about the company's business activities, promotions and events held by this company, etc. is also not an advertisement. Information about discounts or ongoing promotions posted on sites that accumulate and offer various coupons or tickets that allow you to purchase goods at a discount is not an advertisement. This approach is confirmed
At the same time, the assignment of any information to advertising or other information is carried out in each specific case, based on the content of such information and all the circumstances of its placement.
So, in exceptional cases, when the information posted on a website or page on a social network is aimed not so much at informing consumers about the activities of an organization or goods sold, but rather at highlighting certain goods or the organization itself among homogeneous goods, organizations (for example, in the form of a pop-up banner) , such information may be recognized as advertising. This position was previously also sent to the territorial bodies of the FAS Russia by letter of the FAS Russia dated 28.08.2015 N AK/45828/15.
According to FAS Russia experts, it may refer to advertising, for example, a banner with information about a product (service) or other object of advertising, to which interest is attracted in order to promote this object on the market, "fixed" in a certain place on the site, which "remains "in this place, regardless of the transition to various pages of the site, since such information distinguishes a certain object of advertising from a number of homogeneous ones and forms interest in it."
I think this is not a complete analysis.
You will not be guilty, but not according to the criminal code. If the executive bodies, suppose, take the initiative. They will reveal criminal activity (or offenses), the sale of fakes, a carload of handicrafts, continuing crimes. And you (you) in this chain are an accomplice of a crime or another subject. How will you explain the price of a wagon of fakes, fakes? Passing through your shelf. You did not know the specifics of the activity while carrying out the activity? Didn't know the laws?
(the scope of the offense in the field of intellectual rights entails the liquidation of the company, may entail). At the moment, this is a matter of will and law enforcement practice, or rather, abstraction from this sphere.
The position itself is the sale of goods with a reservation, suppose "as is" or as in this matter is not indisputable.
(not exclusively).
It will be correct like this - (Is it enough to simply indicate in the user agreement that the site owner is not responsible for the published goods?) simply indicate in the user agreement that the site owner is not responsible for the published goods (here a comma and further) - within the framework of the requirements of the law .
And not exclusively, back.
Institutions of guilt and property. But, 1) still dependent on the approval of the transaction. (The components of the definition (Russian at least) - ownership, not the fact of ownership. See the section on legal entities of the Civil Code.
2. (Not exclusively), as an example, dependence on the terms of the option to acquire property.
The owner in management - dependence.
3. Absence of guilt - Civil Code of the Russian Federation Article 1064.
As in official duties, with concealment or non-observance of the hierarchy of procedures. (not an obvious practice of law enforcement, probably, but the lack of it is important).
French civil law, the rule on the liability of the owner for damage caused by his property (Art. 1242 FGK).
The Constitutional Court of the Russian Federation "the right of ownership implies the bearing by the owner of the burden of maintaining the property belonging to him, including in order to prevent harm to other persons."
For correctness, I think it is necessary to take into account the legislation of all countries.