Is the platform provider liable for violations of law or third party rights resulting from NFTs minted on its platform?
Select jurisdiction
Germany
This also depends on the mechanics of the platform.
If it is a curated platform where the NFT projects are selected personally and added manually
by the operator, the operator might be liable for violations of law resulting from the NFTs.
But if it is a platform where the NFT projects are added automatically or at the initiative of the
users of the platform, the operator of the platform is generally not liable. But the operators of
the platform might become liable if they become aware of the violation of law and do not take
action to prevent it.
Netherlands
It depends on the role the platform takes on. If the platform provider actively curates the NFTs on its platform (selecting the NFT projects for example), it could potentially be held liable for violation of law or third-party rights resulting from those NFTs. In such cases, the platform provider may be considered more than just a passive intermediary and might be having some responsibility for the NFTs hosted on its platform. If the platform provider plays a passive role (it merely provides a technical service without exercising much control over the NFTs uploaded on its platform), the provider is generally not liable.
However, if the platform provider has actual knowledge of illegal activities or infringing content and fails to take prompt action to remove or disable access to it (“notice and take down procedures”), the provider may still be held liable.
Brazil
According to the Consumer Protection Code, the fact that the marketplace operator,
for example, acts only as an intermediary between the seller and the consumer user makes it
jointly and severally liable. However, in jurisprudence, this understanding is not peaceful, it is
also necessary to analyze the contracts that govern relations with creators and users, such as
the terms of use of the platform, for example.
