Digital Platforms Legal Status: Addressing Transparency Obligation and Vicarious

Abstract

This research article aims to (1) examine the legal status and roles of online marketplace platform providers, as well as the legal relationships among platforms, sellers, and consumers; (2) examine and compare the laws of Thailand, the United States, and the European Union concerning the obligations to disclose seller information and access to information necessary for consumers to exercise their legal rights and pursue claims; (3) analyze the relationship between the degree of transactional control and the scope of legal obligations and civil liability of online marketplace platforms; and (4) identify limitations in Thai law and propose approaches to legal reform to enhance consumer protection. This study employs a qualitative research methodology based on documentary research and comparative legal analysis of relevant legislation, judicial decisions, and academic literature.

The findings indicate that the legal status and obligations of online marketplace platforms cannot be determined solely by their self-designation as intermediaries in their terms of service; rather, their actual roles in facilitating and controlling transactions must also be considered. The comparative legal analysis reveals differing approaches to regulating seller information disclosure, depending on the scope and conditions of application within each legal system. Furthermore, civil liability must be distinguished from obligations imposed under regulatory law. Although the degree of transactional control and the ability to prevent harm may serve as relevant factors in assessing liability, they do not, in themselves, automatically give rise to civil liability as a matter of law. Accordingly, this article proposes that Thai law should be further developed to clarify consumers' access to seller information and the legal obligations of online marketplace platforms, with due regard to the applicable legal grounds and constituent elements of civil liability.