A Comparative Study of the Contractual Liability of E-Commerce Platforms Toward Consumers in Iranian Law and European Union Law

Abstract

The expansion of e-commerce platforms and their intermediary role has turned the contractual liability of these platforms toward consumers into a major legal challenge. This study aimed to comparatively analyze the foundations, scope, and mechanisms of this liability in Iranian law and European Union law and to propose context-specific solutions for Iran. The study was conducted using a descriptive-analytical and comparative method, with library-based data collected from primary sources, namely legislation, and secondary sources, including articles and books. The legal frameworks of Iran and the European Union, with emphasis on recent regulations such as the DSA and the DMA, were analyzed and then systematically compared. In addition to the analysis of positive law, the judicial practice of Iranian courts and the judgments of the Court of Justice of the European Union were examined to clarify the limits of the liability of digital intermediaries. The economic dimensions of risk allocation and the effects of emerging technologies, such as artificial intelligence and personal data protection, on the scope of platforms’ contractual obligations were also investigated. The findings revealed a deep gap between the two legal systems. Iranian law has a fragmented, ambiguous framework that lacks effective enforcement guarantees, whereas the European Union has established transparent mechanisms and powerful supervisory authorities through a preventive, integrated approach based on “responsible governance.” The European model is characterized by proactive and tiered obligations imposed on platforms according to their size and impact. To keep pace with the digital economy, Iran’s legal system requires fundamental reform. Enacting comprehensive legislation, establishing a specialized and powerful regulatory authority, implementing rapid dispute-resolution mechanisms, and adopting a conditional tiered liability regime are among the essential solutions inspired by European experience for creating legal certainty and ensuring the balanced development of e-commerce in Iran.