Legal Gaps in the Civil Liability of Digital Platforms in Online Contracts under Iranian Law, with Emphasis on Legal Certainty

Abstract

The rapid expansion of digital platforms in Iran and their growing role in online transactions necessitate a precise identification of their civil liability. This study aims to analyze the contractual and non-contractual liability of digital platforms in Iran and to identify the legal challenges associated with their activities. The findings indicate that digital platforms in Iran perform multiple roles, and their liability cannot be confined to mere intermediation. They may be characterized as a “representative of the seller,” an “implied seller,” a “data trustee,” and a “service provider.” Accordingly, they are obliged to provide accurate information, manage payment processes, ensure data security, supervise user activities, and guarantee consumers’ right of withdrawal. Legal gaps, ambiguity regarding the nature of liability, the difficulty of proving fault, and liability-limitation clauses constitute the principal challenges within the Iranian legal system. A comparative analysis with international legal systems demonstrates that a lack of legal clarity fosters disputes and risks for both users and platforms. Determining the liability of digital platforms requires legislative reform and the adoption of specific regulations. Clarifying roles, obligations, and data security standards while supporting consumer protection can create a secure legal framework for the sustainable development of Iran’s digital market.