Determination and analysis of the liability system and obligations of video game platforms in the digital services Act

Keywords: Video games, intermediary service providers, responsibility, obligations, due diligence

Abstract

This paper examines the most salient aspects of EU Regulation 2022/2065 on the Single Market for Digital Services, from the perspective of online video game platforms, with particular attention to the prevention of cases of sexual cyberbullying of minors. To this end, an analysis is conducted on how these video game platforms fit within the Regulation, aiming to determine in which cases it may apply to them –a question that remains unresolved to this day, making this analysis even more necessary. The paper also specifies how the criteria for exemption from liability and obligations apply to these platforms, translating the Regulation’s generic criteria to the specific case of online video game platforms and the perspective of child protection. Furthermore, special emphasis is placed on due diligence as the guiding principle for the obligations established in the Regulation.

Received: 12.03.2025
Accepted: 10.06.2025

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Author Biography

Alberto José de Nova Labián, Universidad Internacional de la Rioja, Logroño. España

Profesor Doctor

Published
2025-06-25
How to Cite
de Nova Labián, Alberto José. 2025. “Determination and Analysis of the Liability System and obligations of Video Game Platforms in the Digital Services Act”. Estudios De Deusto 73 (1), 119-56. https://doi.org/10.18543/ed.3327.
Section
Studies