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If online platforms falling within the scope of the UCPD fail to comply with such professional diligence requirements or otherwise promote, sell or supply a product to users in an unfair manner, they can be found in breach of EU consumer law. They cannot invoke the intermediary liability exemption under the e-Commerce Directive as far as their own commercial practices are concerned as that exemption relates only to illegal information stored at the request of third parties.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.