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.
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.
